While using this web site, you must read and agree to the following
agreement of use (the "User Agreement") governing your use of this
web site (collectively with all associated pages referred to as the
"Web Site") and your relationship with Midwest Financial Holdings,
L.L.C. and all of its subsidiaries and affiliates, including
without limitation Midwest Insurance Company, MIC Risk Management
Services, L.L.C., Midwest General Insurance Agency, L.L.C. and West
River Insurance Company (collectively referred to as "Midwest"). If
you do not agree to this User Agreement, you are prohibited from
using or downloading materials from the Web Site.
1. License. Subject to your compliance with this Agreement, Midwest hereby grants to you during the term of your Policy a limited, non-exclusive, non-assignable, non-transferable, royalty-free license to access and use the Web Site solely for account inquiry and certain other limited purposes by the Insured of the Insured's Policy, strictly in accordance with the terms set forth in the Online User Agreement and the Addendum to the Policy Governing Use of the Web Site. You accept the modification and amendment of your Policy to the extent of this Agreement and the Addendum to the Policy. You must provide your own access to the Web Site and all equipment necessary for you to make such access, at your sole cost and expense, including a computer, software, and a means of connection to the Internet. You acknowledge that you are at least 18 years of age and you agree to provide true, accurate, current and complete information about yourself when prompted by the Web Site, and to maintain and update this information to keep it true, accurate, current and complete at all times. Failure to abide by these terms can result in automatic and immediate termination of any account with Midwest.
2. Prohibited Activities. As a condition to using the Web Site, you agree to not:
(a) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Web Site, without obtaining the express written permission of the copyright owner and/or Midwest;
(b) upload, post, publish, reproduce, transmit or distribute in any way any component of the Web Site itself or derivative works with respect thereto, as the Web Site is copyrighted as a collective work under U.S. copyright laws; or
(c) upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
(d) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Web Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
(e) restrict or inhibit any other user from using and enjoying the Web Site; or
(f) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Web Site) or engage in spamming or flooding; or
(g) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
(h) post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
Midwest retains the right to monitor the Web Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Web Site properly, or to protect itself. Midwest will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
3. Intellectual Property Rights. Midwest is the owner of all intellectual property contained in the Web Site, including any trademark or service mark appearing on the Web Site, and is the copyright owner of the content and information on the Web Site, unless otherwise indicated. Midwest does not grant to you a license to any content, features or materials you may access on this Web Site. You are prohibited from downloading or saving a copy of any of any of the content for any purpose, except as otherwise provided in these User Agreement. You are permitted to print a copy of the information on this Web Site solely for your personal use or records. Any other use of this Web Site, and the material contained therein, except as otherwise provided above, will be deemed to constitute a violation of the copyright, trademark and other applicable laws, rules and regulations of the United States, as well as other applicable countries and state laws, and you will be subject to personal liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, copyrightable material or any other intellectual property, by including them on this Web Site. All trade names, trademarks, service marks, images and logos on materials, are proprietary to their respective owners and are protected by applicable trademark and copyright laws. You are prohibited from reselling or transferring any of the material contained on the Web Site.
4. Modifications. Midwest reserves the right to change this Web Site, the User Agreement, and any information contained on this Web Site without prior notice. Accessing certain links within this Web Site may provide you with access to other Web Sites for which we assume no responsibility of any kind for the content, availability or otherwise.
5. Termination of Access. Use of or subscription to this Web Site may be terminated at any time, and without cause, by either Midwest or by you, upon notification by telephone or e-mail. You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Web Site without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of this User Agreement, violate the rights of the Web Site, or is otherwise inappropriate for continued access.
6. Password Security. Midwest is not responsible for the security of your password. You are solely responsible for password security, and for all activity on your account. Do not disclose your password to anyone and notify Midwest immediately if you believe the security of your password may have been compromised. No representative of Midwest will ever ask you to disclose your password, so if someone asks for it, be wary.
7. Disclaimer. The material on the Web Site is provided for informational purposes only. Midwest and our agents or affiliates are not in the business of offering any advice on any tax, legal, accounting or similar issues, and Midwest does not warrant the accuracy of any such information, and we strongly encourage you to consult with your own professional advisors to examine all aspects of any information presented on this Web Site and how it may effect you.
Midwest has no control over and assumes no responsibility for the accuracy or availability of information provided by linked Web Sites. Links to external Web Sites do not mean that Midwest endorses those sites or their sponsors or the content, products, advertising or other materials presented on such sites and we do not author, edit, or monitor these unofficial pages or links. You agree and acknowledge that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
8. Warranty. By using the Web Site, including any software and content contained therein, you agree that use of the Web Site is entirely at your own risk. The Web Site is provided to you as convenience, but Midwest does not guarantee the accuracy, or completeness of the information. The Web Site is provided "as is," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, or uninterrupted access. Specifically, the Web Site disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.
Neither Midwest nor any of its employees, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of this Web Site or inability to gain access to or use the site or out of any breach of any warranty. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of Midwest, its employees, agents, successors, assigns, and affiliates respective liability is limited to the greatest extent permitted by such state law.
9. Indemnification. You agree to defend, indemnify and hold Midwest and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Web Site or the placement or transmission of any message, information, software or other materials through the Web Site by you or users of your account or related to any violation of this User Agreement by you or users of your account.
10. Miscellaneous. The User Agreement and the relationship between you and Midwest shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions. You and the Midwest each agrees to submit to the personal and exclusive jurisdiction of the federal and State of Illinois courts located in Sangamon County, Illinois.
The failure of Midwest to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Agency appointed "Administrator" is responsible for performing
the below listed duties on this web site (the "Web Site") created
by Midwest Financial Holdings, L.L.C and all of its subsidiaries
and affiliates, including without limitation Midwest Insurance
Company, MIC Risk Management Services, L.L.C., Midwest General
Insurance Agency, L.L.C. d/b/a Illinois Midwest Insurance Agency,
L.L.C. and West River Insurance Company (collectively referred to
Each Administrator shall have the following responsibilities as further described in the rules and procedures set forth on the Web Site:
(a) maintain a log of employee names, usernames and e-mail data for each agency authorized person for use on the Web Site, and make the log available to Midwest staff as requested;
(b) follow all rules and procedures pertaining to the Web Site;
(c) provide each authorized person with a written copy of the applicable Web Site User Agreement;
(d) ensure security of the user passwords at the Agency;
(e) ensure proper training before a new authorized person begins to use the Web Site;
(f) terminate a username and password within one business day when any authorized person is no longer authorized by the Agency;
(g) assist Midwest in auditing Agency's compliance with all requirements regarding issuance, maintenance and use of the Web Site user names and passwords; and
(h) promptly notify Midwest in the event of any breach of security regarding user names and passwords or any use of the Web Site or if the Agency Administrator can no longer perform the duties required under this Agreement.
The undersigned acknowledges being appointed as an Administrator by the Agency pursuant to the Agency Administrator Agreement set forth above. The undersigned agrees to the appointment and agrees to be responsible for all of the terms and conditions established by Midwest with respect to the duties of an Administrator.