ACCEPTANCE OF TERMS
All user-supplied information, materials, files, communications, and documents are referred to collectively as “User Content.” “FMFC Content” means all Materials provided by FMFC.
TYPES OF USERS
Access to certain portions of this Site may be limited to active FMFC Agencies in good standing and their authorized officers/employees or other select groups of individuals in FMFC’s sole discretion.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
Use of FMFC Content and User Content. FMFC makes no warranty to the accuracy, completeness and timeliness of the FMFC Content and User Content. FMFC reserves the right to make changes to the FMFC Content and User Content at any time, including changes to the described products and/or service, without prior notice. Any mention of FMFC insurance services and/or products should not be interpreted as an offer or sale of insurance by FMFC but merely a description of products and/or services offered by FMFC. FMFC makes no guarantee that the described insurance services and/or products are available in all jurisdictions. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the FMFC Content and User Content available on this Site subject to the following conditions:
- The FMFC Content and User Content may be used solely for personal, informational, and internal purposes. You are not to use the FMFC Content and User Content for public or commercial purposes.
- You may not modify or alter in any way the FMFC Content and User Content.
- You may not distribute or sell, transmit, reuse, repost, rent, lease, or license the FMFC Content and User Content to others.
- You may not remove any copyright or other proprietary notices contained in the FMFC Content and User Content.
- FMFC reserves the right to revoke the authorization to view, download, and print the FMFC Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from FMFC.
- The rights granted to you constitute a license and not a transfer of title.
Use of links to Other Internet Sites. This Site may contain links to other Internet sites that FMFC does not maintain. FMFC has provided these links as a courtesy to you and the inclusion of links to such sites should not be interpreted as FMFC’s approval, endorsement or affiliation with such sites. FMFC does not make any warranty or representations to the content, products, and/or services of such sites and takes no responsibility for the completeness, accuracy, timeliness or correcting of content found on such sites.
IMPORTANT EXCEPTIONS: The rights specified above to view, download, and print the FMFC Content and User Content available on this Site are subject to any disclaimers contained on the Site and are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of FMFC or other third parties. You are not permitted to use the Marks without the prior written consent of FMFC or such third party that may own the Marks. FMFC and the FMFC logo are trademarks of FMFC.
LICENSE TO FMFC FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant FMFC a perpetual, worldwide, royalty-free, non-exclusive license to (i) use, reproduce, display, perform, modify, transmit, and distribute such User Content, (ii) distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site, and (iii) use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree: (i) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; (iii) not to create a false identity; (iv) not to use or attempt to use anothers account, password, service, or system without authorization from FMFC; (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FMFC MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. FMFC MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE CALCULATIONS USED AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND FMFC MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) FMFC DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) FMFC MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) FMFC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
The Site is controlled, operated, and administered by FMFC from its offices within the United States of America. FMFC makes no representation that the Site, or the Services or Materials available through it, is appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See section on Export Control Laws, below, for further information.
PERSONAL INFORMATION AND PRIVACY
FMFC, its subsidiaries, and affiliates do not share or sell information of its customers with anyone other than in the normal conduct of insurance business in compliance with state and federal laws.
FMFC may disclose information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FMFC’s rights or property, or anyone else that could be harmed by such activities. FMFC may disclose information when we believe in good faith that the law requires it. Please be aware that your browser may need to be enabled to accept cookies in order for you to use certain features of the Site.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FMFC, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FMFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
FORWARD-LOOKING STATEMENTS DISCLAIMER
This Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of FMFC’s or industry revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; (ii) the plans, objectives, and/or projections of FMFC for future operations, including those relating to the products or services of FMFC; (iii) FMFC’s future economic performance; (iv) assumptions underlying or relating to any of the foregoing statements or information; and (v) any other projections, estimates, or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, FMFC’s judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. FMFC wishes to caution you that because such forward-looking statements are only predictions and actual events or results may differ materially, you should review the risks, uncertainties and other factors identified in FMFC’s Securities and Exchange Commission filings regularly.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by FMFC from its offices within the state of Michigan, United States of America. By accessing this Site, you and FMFC agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the state of Michigan, without regard to the conflicts of laws principles thereof. You and FMFC also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Oakland County, Michigan and the United States District Court for the Eastern District of Michigan with respect to such matters.