TERMS OF USE
Brethren Mutual Insurance Company

Version Date: April 1, 2014

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Brethren Mutual Insurance Company and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the www.bmic.com website as well as any other media form, media channel, mobile website or mobile application (“Mobile App”), related or connected thereto (collectively, the “Website” and the services available through the Website, the “Online Services”). Supplemental terms and conditions or documents may be posted on the Website from time to time, and are hereby expressly incorporated into this Agreement by reference.

The Website is hosted in the United States. Company makes no representation that the Website or Online Services are appropriate or available in other locations. The information provided on the Website and Online Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website and Online Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) may not use or access the Online Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE), BY DOWNLOADING THE MOBILE APP, AND ALSO BY CONTINUING TO USE THE ONLINE SERVICES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE ONLINE SERVICES.

SPECIFIC ONLINE SERVICES TERMS

You can use the Website and Online Services for online access to your personal accounts, our product information, educational content, our services, and self-help tools. Company may change the programs or products referenced on the Website at any time without notice. Additionally, all insurance products referred to are subject to availability and qualifications. Product, coverage, discounts, insurance terms, definitions, and other descriptions are intended for informational purposes only and do not in any way replace or modify the definitions and information contained in your individual insurance contracts, policies, and/or declaration pages, which are controlling.

In order to conduct some Online Services, you agree to receive information applicable to your use of the Online Services delivered to you electronically. These may include policy documents, quotes, billing statements, updates, notifications or other information that you request, transaction receipts, documents requiring your signature, or any other documents. Your consent does not mean that Company must provide the communications electronically and Company may, at its option, provide such communications through non-electronic means. If you wish to withdraw your consent to receive information electronically through your use of the Online Services, you may discontinue your use of the Online Services.

As part of the Online Services, you may be given the option to sign certain communications electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable communication or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the terms and conditions in such communication just as if you had signed your name to a paper document.

The Website and Online Services do not amend, modify, or supplement any insurance policy. Company does not make any representations via the Website or Online Services that coverage does or does not exist for any particular claim or loss, or type of claim or loss, under any insurance policy. Whether coverage exists or does not exist for any particular claim or loss depends on the facts and circumstances involved and all applicable insurance policy language. Please consult the actual policy for details regarding terms, conditions, coverages, and exclusions that may apply to you.

You acknowledge and agree that Company is authorized, but not required, to act on payment instructions received from you or anyone using your email address and password. You authorize Company to: (a) initiate payments from or debits against your financial account(s) periodically for the amount then due; and (b) initiate any other payments or debits authorized by you or anyone using your email address and password. This authorization will remain in force until thirty (30) days after you change your payment preferences. All payments must be made in U.S. dollars from a U.S. bank. You acknowledge that transactions are facilitated by a payment processor, and agree that Company may share your information, including information about your financial accounts, with the payment processor for this purpose. You understand and agree that no transaction, including without limitation the purchase of any insurance policy, is final until processed and confirmed by Company.

When you open an account for Online Services, you agree to the following conditions:

(1) Company is authorized to act on instructions received under your password without any requirement to question those instructions.
(2) You will notify Company immediately if you believe anyone has obtained your password or if you believe unauthorized access your account information has occurred or may occur and Company is not liable for any unauthorized access to your personal information that is not directly due to the negligence of Company. (3) Company may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
USER REPRESENTATIONS

Regarding Your Registration


By using the Online Services, you represent and warrant that:

  • a. all registration information you submit is truthful and accurate;
  • b. you will maintain the accuracy of such information;
  • c. you will keep your password confidential and will be responsible for all use of your password and account;
  • d. you are not a minor in the jurisdiction in which you reside; and
  • e. your use of the Online Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Online Services (or any portion thereof).

MOBILE APP LICENSE

If you are accessing the Online Services via the Mobile App, then Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile App on wireless handsets owned and controlled by you, and to access and use the Mobile App on such devices strictly in accordance with the terms and conditions of this license. You shall use the Mobile App strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile App; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile App; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Mobile App; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Mobile App; (e) use the Mobile App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the Mobile App available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the Mobile App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Mobile App; (h) use the Mobile App to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Mobile App.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Online Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Online Services for any other purpose other than that for which Company makes them available. The Online Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

  • a. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
  • b. making any unauthorized use of the Online Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • c. disguising the origin of any information or inquiry transmitted through the Online Services or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Online Services;
  • d. tricking, defrauding or misleading Company, especially in any attempt to learn sensitive account information such as passwords;
  • e. making improper use of Company’s support services or submitting false reports of abuse or misconduct;
  • f. engaging in any automated use of the system, or using any data mining, robots or similar data gathering and extraction tools;
  • g. interfering with, disrupting, or creating an undue burden on the Website, the Online Services or the networks or services connected to the Website;
  • h. attempting to impersonate another user or person or using the username of another user;
  • i. using the Online Services as part of any effort to compete with Company;
  • j. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Online Services;
  • k. attempting to bypass any measures of the Online Services designed to prevent or restrict access to the Online Services, or any portion of the Website;
  • l. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Online Services to you;
  • m. deleting the copyright or other proprietary rights notice from any Company Content;
  • n. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
  • o. using the Website or Online Services in a manner inconsistent with any and all applicable laws and regulations.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website and available through the Online Services (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright, patent and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, Mobile App, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Website and available through the Online Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website or Online Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Provided that you are eligible to use the Website and Online Services, you are granted a limited license to access and use the Website and Online Services and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website, Online Services, and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Online Services or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the Website, Online Services, or the Company Content therein. The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website. “General purpose internet search engine” does not include a website or search engine or other service that is competitive with the Website.

THIRD PARTY WEBSITES AND CONTENT

The Website and Online Services contain (or you may be sent through the Website or Online Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or Online Services or any Third Party Content posted on, available through or installed from the Website or Online Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

PRIVACY

We care about the privacy of our users. Please review the Company Privacy Policy. By using the Online Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Online Services, you are consenting to the terms of Privacy Policy.
TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Online Services or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE ONLINE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN SERVICES, DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Online Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Online Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website or via the Online Services and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Online Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.

To Online Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Online Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

DISPUTES

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to the Online Services shall be governed and construed by the law of the State of Maryland, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Website and the Online Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Washington County, Maryland; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Online Services (including your visit to or use of the Website and/or the Online Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.

CORRECTIONS

Occasionally there may be information on the Website or Online Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE WEBSITE AND ONLINE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE ONLINE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ONLINE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ONLINE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR ONLINE SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ONLINE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ONLINE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Website or Online Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

ELECTRONIC CONTRACTING

Your use of the Company Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE ONLINE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Company regarding the use of the Online Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below.

Brethren Mutual Insurance Company
149 N Edgewood Drive
Hagerstown, MD 21740
Email: phs@bmic.com
Phone: (800) 621-4264