Parties to this Agreement
Term and Termination
An Authorized User is a natural person: (1) that is affiliated with, employed by, or a principal of, the appointed Producer listed in the Agreement; (2) that has completed the registration process by providing accurate, current, and complete registration information, including a dedicated and valid email address (“Registered User”); (3) that is using the TMH On-Line platform to quote or bind coverage exclusively on behalf of Producer under a valid and enforceable Agreement; (4) that is at least 18 years of age; and (5) that is duly licensed to sell all Products in each state where you intend to quote or bind coverage using the TMH On-Line platform (collectively “Eligibility Requirements”). By accessing the TMH On-Line platform for any reason, you represent and warrant that you are an Authorized User who currently meets all Eligibility Requirements.
Providing Accurate Information
You will use your own independent judgment and skill as a licensed insurance professional when using the TMH On-Line platform, even if the TMH On-Line platform will allow you to do otherwise. You warrant and represent that all information submitted by you through the TMH On-Line platform will be complete and accurate in all material respects and will not contain any confidential information of third parties unless they have expressly consented to your disclosure of such information to us. You also warrant and represent that you will comply with all laws, rules and regulations concerning disclosure and use of confidential information.
Accessing the TMH On-Line Platform
Your User ID and Password are part of our security procedures. You must treat all information related to security, including your User ID and Password, as confidential and you must not disclose such information to any other person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the TMH On-Line platform, or portions of it, using your User ID, Password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your User ID or Password or any other breach of security of which you become aware. You also agree to exit your account at the end of each session and to take due care when accessing your account from a public or shared computer so that others are not able to view or record your Password or other security or personal information. We have the right to disable any User ID, Password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion.
Intellectual Property Rights
- To violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regulating insurance, data or software).
- To impersonate or attempt to impersonate TMH, any TMH employee, or any other person or entity (including without limitation, by using email addresses or screen names associated with any of the foregoing.
- To engage in any conduct that restricts anyone’s use or enjoyment of the TMH On-Line platform, or which, as determined by us, may harm users of the TMH On-Line platform or expose them or us to liability.
- To use a “page-scrape”, “deep-link”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion or content of the TMH On-Line platform for any purpose. Obtaining a quote with the intent to bind such coverage, when acceptable to your own specific client’s needs, is the only permitted use of the TMH On-Line platform.
Third Party Disclaimer
At certain places in the TMH On-Line platform, you may receive access to content that has been created, published, or otherwise posted by third parties (“Third Party Materials”). TMH provides access to Third Party Materials “as is” and accepts no responsibility for any Third Party Materials. You hereby agree to assume all losses or damages that may arise from your use of Third Party Materials. TMH does not certify, guarantee, or warrant any Third Party Materials. If you decide to rely on any Third Party Materials accessed in connection with the TMH On-Line platform, you do so entirely at your own risk and subject to the terms and conditions of use of such Third Party Materials, if any published by such provider. Nothing in the TMH On-Line platform is intended to relieve you of your legal duties as a licensed insurance producer.
Linking to the TMH On-Line Platform
With our express prior written consent, may allow you to link to the TMH On-Line platform home page, only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part or on the part of our carriers. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. If we grant linking permissions, we reserve the right to withdraw all or any portion of the linking permissions granted hereunder, and without notice.
TMH is based in South Pasadena, State of California, in the United States of America. The TMH On-Line platform is provided for use only by Authorized Users located in the US. The TMH On-Line platform and its content may not be accessible or appropriate outside of the United States. Access to the TMH On-Line platform may not be legal by certain persons or in certain countries. If you access the TMH On-Line platform from outside the United States, you do so on your own risk and are responsible for compliance with all laws.
Disclaimer of Warranties
You understand that TMH cannot and does not guarantee or warrant that the files available for downloading from the internet or the TMH On-Line platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a “DenialofService” attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the TMH On-Line platform or any services or items obtained through the TMH On-Line platform or due to your downloading of any material posted on the TMH On-Line platform or on any website linked to it.
Your use of the TMH On-Line platform, its content, services, and items obtained through the TMH On-Line platform is voluntary and at your own risk. The TMH On-Line platform, its content, services, and items obtained through the TMH On-Line platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither TMH nor any person associated with TMH makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the TMH On-Line platform or any content available on or through it. Without limiting the foregoing, neither TMH nor anyone associated with TMH represents or warrants that the TMH On-Line platform, its content, services, or items obtained through the TMH On-Line platform will be accurate, reliable, errorfree or uninterrupted, that defects will be corrected, that the TMH On-Line platform or the server that makes it available are free of viruses or other harmful components, or that the TMH On-Line platform or any services or items obtained through it will otherwise meet your needs or expectations.
TMH hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, noninfringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability
IN NO EVENT WILL TMH, ITS CARRIERS, ITS AFFILIATES, OR ANY OF THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE TMH ON-LINE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE TMH ON-LINE PLATFORM OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM. TMH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER KIND OF DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS INCOME, OR LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR PROPERTY LOSS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF ANY SUCH DAMAGES ARE FORESEEABLE.
THE FOREGOING LIMITATION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Claims
Governing Law and Jurisdiction