FPIC Insurance Group, Inc., on behalf of itself, and its subsidiaries and affiliates, have adopted these Terms of Use effective October 1, 2009.
Welcome. We welcome you to the website of FPIC Insurance Group, Inc. and/or the websites of our subsidiary and affiliate companies (the websites of FPIC Insurance Group, Inc. and its subsidiary and affiliate companies are collectively referenced herein as “FPIC Websites”) including, but not limited to, First Professionals Insurance Company, Inc., Anesthesiologists Professional Assurance Company, Intermed Insurance Company and Interlex Insurance Company (FPIC Insurance Group, Inc. and its subsidiary and affiliate companies shall be collectively referenced herein as “FPIC”, “Us” or “We”). This document constitutes the terms upon which you may use our websites and the services provided thereon (the “Terms of Use”). The FPIC Websites and services thereon are offered to you, the user, on the condition that you accept without modification the terms, conditions and notices contained in these Terms of Use. Your use of FPIC Websites constitutes your acceptance and agreement thereto. If you do not agree to these Terms of Use, you should not use or access the FPIC Websites.
The following Terms of Use apply to the FPIC Websites. Please read these Terms of Use carefully each time you access FPIC Websites, as the Terms of Use may change from time to time.
1. Links to Other Websites.
The FPIC Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and FPIC is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. FPIC is not responsible for webcasting or any other form of transmission received from any Linked Site. FPIC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FPIC of the Linked Site or any association with its operators.
2. Privacy Statement.
FPIC takes your privacy very seriously. We endeavor to protect your nonpublic, personal information and to maintain appropriate safeguards in our computer systems to prevent unauthorized access to information. As a visitor to a FPIC Website, you will see that we use “cookies” as part of our interactions with your web browser. A “cookie” is a piece of information that a website transfers to your computer hard drive for record keeping purposes. We use cookies to determine if you have previously visited a FPIC Website and for other administrative purposes. You may configure your browser to reject cookies and still access FPIC Websites. We will not disclose personal information to any non-affiliated third parties without your prior authorization, except as necessary to conduct our business or as permitted or required by law. We will never disclose your personal information for promotional purposes, and we do not sell your information to third parties. If you exchange information with us by e-mail please be advised that this is not a secure medium, and information exchanged in such a manner may be intercepted by third parties. For your protection, we do require a password to access secure FPIC Website areas. We encourage you to keep your password confidential and secure, as we cannot be responsible for acts resulting from the unauthorized use of your password. By utilizing FPIC Websites, you agree to the terms and conditions of this privacy statement and authorize us to collect information about you as outlined above and to use the information for our internal needs. In addition, by using FPIC Websites, you agree to hold FPIC harmless for any liability or damage arising from disclosure of confidential information gathered by FPIC in connection with your use of any FPIC Website.
3. Insurance Agencies, Agents and Brokers.
We will honor any agreements we may enter into with insurance agencies, agents and brokers that are in writing and signed by a duly authorized officer of an FPIC company. Nothing contained herein shall constitute any agreement, promise, covenant or undertaking with respect to any insurance agency, agent or broker representing potential or actual insureds of an FPIC company. No one shall be entitled to any fee, compensation or commission except pursuant to a written agreement signed by a duly authorized officer of an FPIC company.
4. General Disclaimers.
No Warranties. FPIC specifically disclaims all warranties with respect to any FPIC Websites or your use thereof, express, implied, or otherwise, including without limitation, all warranties of merchantability and fitness of a particular purpose. FPIC shall not be liable for any damages resulting from the use or misuse of FPIC Websites or the information on any FPIC Website. The information and other material published on FPIC Websites may contain inaccuracies or typographical errors. FPIC does not warrant that any FPIC Website’s content, functions, operation or availability will be uninterrupted or error free, that defects will be corrected, or that any FPIC Website or the systems that make it available will be free of viruses or other harmful components. No representation or warranty is made by FPIC about the accuracy, reliability, availability or suitability of any FPIC Website or the information, material, systems, services or products contained or discussed on any FPIC Website for any purpose. You acknowledge that any reliance upon any FPIC Website or the information, material, systems, services or products contained or discussed therein shall be at your sole risk.
Employment. FPIC is an equal opportunity employer. Nothing contained herein, stated or implied, shall be construed as an offer, contract or condition of employment. No material contained herein shall constitute a representation, contract, policy or manual for existing employees, such being the subject of the employment documents, if any, entered into and signed at the time of employment by an officer of FPIC. All other employees are hired “at will” and may be terminated at any time, with or without cause pursuant to FPIC’s then existing needs.
User ID/Password Use. If you have been assigned a user ID for access to restricted sections of any FPIC Website, you are responsible for all activities executed under your user ID and are the only one who may use it. To meet this responsibility, you are expected to select secure passwords and keep them confidential. Allowing another person to use your user ID and its associated passwords, using a user ID and password assigned to another person, or attempting to gain access to resources for which you are not authorized is a serious breach of security.
Standard of Care/Professional Advice. The information contained on the FPIC Websites does not establish a standard of care, nor is it a substitute for legal or other professional advice. The information and suggestions contained on FPIC Websites is generalized and may not apply to all situations. Such information should only be used as a reference guide. If you have a question requiring professional advice, such as a question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.
5. Limitation of Liability.
You agree by accessing any FPIC Website that under no circumstances or any theories of liability under international or civil, common or statutory law including, but not limited to, strict liability, negligence or other tort theories or contract, patent or copyright laws, will FPIC be liable for damages of any kind occurring from the use or performance of any FPIC Website or any information, goods or services obtained on any FPIC Website including direct, indirect, consequential, incidental, or punitive damages (even if FPIC has been advised of the possibility of such damages), to the fullest extent permitted by law. If you are dissatisfied with any portion of any FPIC Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the FPIC Website(s).
6. Indemnity.
You hereby agree to indemnify and hold harmless FPIC and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of FPIC from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys fees) they incur arising as a result of your use of any FPIC Website and the services, your violation of the Terms of Use, or your infringement of any intellectual property or other right of FPIC or any person or entity. In the event of any claim, FPIC shall have the right to defend and settle any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof and shall not settle any such claim without the prior written consent of FPIC.
7. User Representations and Warranties.
You agree to be financially responsible for your use of FPIC Websites and to comply with your responsibilities and obligations as stated in these Terms of Use. FPIC Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; Conduct or forward surveys, contests, pyramid schemes or chain letters; Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; Restrict or inhibit any other user from using and enjoying the Communication Services; Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or Violate any applicable laws or regulations.
8. Monitoring and Review of FPIC Websites – Termination of Use.
FPIC has no obligation to monitor the Communication Services. However, FPIC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FPIC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. In addition, FPIC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FPIC’s sole discretion.
9. Disclaimer of Liability for Communication Services.
FPIC does not control or endorse the content, messages or information found in any Communication Service and, therefore, FPIC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FPIC spokespersons, and their views do not necessarily reflect those of FPIC. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
10. Submissions.
FPIC does not claim ownership of the materials you provide to FPIC (including feedback and suggestions) or post, upload, input or submit to any FPIC Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FPIC permission to use your Submission in connection with the operation of our businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. FPIC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FPIC's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
11. Use Limitations.
The purpose of this site is to provide you with information about FPIC and its services and products. This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on FPIC Websites except as expressly permitted in these Terms of Use. You may not use FPIC Websites to engage in any unlawful activity, to infringe on the rights of FPIC or others or in any way that is prohibited by these Terms of Use. You may not use any FPIC Website in any manner which could damage, disable, overburden, or impair any FPIC Website or interfere with any other party's use and enjoyment of any FPIC Website.
12. Access to FPIC Websites from Outside United States.
FPIC Websites are for the use by individuals located within the United States. If you choose to access FPIC Websites from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from FPIC Websites to a foreign national or foreign country in violation of those laws.
13. The Digital Millennium Copyright Act.
We reserve the right, but not the obligation, to terminate your access to any FPIC Website if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless or whether the material or activity is ultimately determined to be infringing. We may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on any FPIC Website or by written communication delivered by first class U.S. mail to your address on record in our account information, if any.
14. Copyright and Service Marks.
The compilation copyright to FPIC Websites, the design and appearance of FPIC Websites, and all of the materials and content on FPIC Websites, including without limitation, all text, graphics, drawings, images, charts, pictures, maps, photographs, images, line art, icons and renditions, are owned or licensed by us. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of material from FPIC Websites (except as permitted herein) without written permission of FPIC is expressly prohibited. You may download one copy of the downloadable items displayed on this site for your personal, noncommercial review only, provided that you maintain all copyright and other notices contained in such content and make no other use thereof. All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from FPIC Websites is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated and to ensure their compliance thereto, and further agrees to hold FPIC harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use.
15. Modification of FPIC Websites and/or Terms of Use.
FPIC reserves the right to make changes in these Terms of Use and to change, suspend or discontinue any aspect of any FPIC Website at any time, in its sole discretion, without notice.
16. Minors and Child Online Privacy Protection Act.
The FPIC Websites do not direct content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act. If you allow your minor child, or a child for whom you are legal guardian (a “Minor”), to access and use FPIC Websites, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of FPIC Websites; and (iii) the consequences of any use. Children 13 years old and older should consult with their parents and secure their permission before accessing and using any FPIC Website, and especially before providing any personal information to FPIC or on any interactive portions of any FPIC Website.
17. Governing Law and Venue.
By accessing FPIC’s Website(s), you have directed your system to a computer located in the State of Florida. Any and all disputes arising from the content of any FPIC Website is to be governed exclusively by the laws of the State of Florida and jurisdiction shall be subject exclusively to the State and Federal (Middle District of Florida, Jacksonville Division) courts located within Duval County, Florida.
18. Products and Services.
The product material included on the FPIC Websites are for informational purposes only. This material is intended to provide general information about products and services available from us. The information is not an offer to sell, or invitation to purchase, any insurance products where any such offer to sell, or invitation to purchase, would violate any insurance laws.
19. Coverage Statements and Insurance Policy Terms.
Coverage statements on the FPIC Websites are for general description purposes only. Any actual coverage determination is subject to all of the terms and conditions of the actual policy, endorsements, application, and any actual claims. The FPIC Websites do not amend, modify or supplement the insurance policies we issue to insureds. Not all coverages are available in every state. Consult the actual policy or contact us regarding terms, conditions, coverages, exclusions, products, services and programs that may be available to you.
20. Security.
We will only use the information you submit to provide you with the services you have requested and as otherwise described in our Privacy Statement. Any personally identifying information you submit is stored on a secure server in a way that maximizes security and confidentiality. Our servers are behind a complex series of firewalls to add an extra layer of security. Information you submit can be seen only by those employees and staff who have a need to use the information in the following manner: (1) to respond to your inquiry; or (2) to conduct Website maintenance by our staff who are under an obligation to keep all confidential information private.
21. Securities Disclaimers and Forward Looking Statements.
The materials and information contained on the FPIC Websites do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities in FPIC Insurance Group, Inc. Furthermore, FPIC Websites may contain information and press releases about and by FPIC Insurance Group, Inc. or its affiliates. Although this information was believed to be accurate as of the date prepared by us, FPIC Insurance Group, Inc. disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the Private Securities Litigation Reform Act of 1995, such information is intended to fit within the “safe harbor” provided therein. Such forward looking statements are subject to material risk factors which are described in the FPIC Insurance Group, Inc. Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. Forward looking statements are not guarantees of performance. You are cautioned not to place undue reliance on forward looking statements, which speak only as of the date made. FPIC Websites are not intended to make any investment representations about FPIC Insurance Group, Inc. and should not be viewed as such.
22. General Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FPIC as a result of these Terms of Use or your use of any of FPIC Websites. FPIC’s performance under these Terms of Use are subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of FPIC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FPIC Websites. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between the user and FPIC with respect to the FPIC Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FPIC with respect to the FPIC Websites.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. Any cause of action or claim you may have with respect to FPIC must be commenced within one (1) year after the claim or cause of action arises. FPIC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. FPIC may assign its rights and duties under these Terms of Use to any party at any time without notice to you. Except for your agreement to abide by the Terms of Use, use of FPIC Websites does not create any contract or agreement between you and FPIC, nor any obligation of FPIC to you. You agree not to act in reliance upon the information contained herein and you waive any claim, demand, cause of action or damages incurred as a result of reliance on such information.
23. Contact Information.
FPIC welcomes your comments regarding these Terms of Use. If you believe that FPIC has not adhered to these Terms of Use or you believe that you have knowledge of any other person’s violation of these Terms of Use, please contact FPIC by using the following information: First Professionals Insurance Company, Inc., Attn: Rob Wortelboer, General Counsel, 1000 Riverside Avenue, Suite 800, Jacksonville, Florida 32204, (800) 741-3742, or you may send an e-mail to wortelboer@fpic.com.