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END USER TERMS
General. Access to Meadowbrook, Inc’s (the "Company") AmeriTrust CONNECT website and electronic portal/interface/database/dashboard/platform/software (collectively the "Portal") via your internet connected device is powered by the software and technology solution owned and or licensed by Meadowbrook, Inc. (the "Licensor").
Ownership. You acknowledge and agree that the Licensor is the owner of all right, title and interest in and to the Portal, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist. By accessing the Portal or using the services provided, you agree to be bound by these End User Terms (the “Agreement”), which constitute your agreement with Licensor.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
License. Subject to the terms and conditions of this Agreement, you are hereby granted a personal, nonexclusive, revocable, nontransferable license to use the Portal (in machine readable object code form only) in accordance with these End User Terms and solely for its intended purpose. This is not a sale of the software. All rights not expressly granted to you by this Agreement are hereby reserved by the Licensor. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance or updates. This license may be terminated at any time, for any reason or no reason, by you or the Licensor. Upon termination, you agree to immediately cease use of the Portal for any and all purposes.
Restrictions. You shall not: (i) modify, revise or create any derivative works of the Portal; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Portal; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Portal; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Portal, including, but not limited to, any trademark, logo or copyright.
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the portal (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with our use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You represent and warrant that: (a) all User Content you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You agree to grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Portal. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with this Agreement, and/or reporting you to law enforcement authorities.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Portal to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
Updates. The terms of this Agreement will govern any updates that replace and/or supplement the original Portal, unless such update is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data. You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Portal. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.
Export Restrictions. You may not use or otherwise export or re-export the Portal except as authorized by United States law and the laws of the jurisdiction in which the Portal was accessed. In particular, but without limitation, the Portal may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Portal, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Portal for any purposes prohibited by United States law.
Disclaimer of Warranty. THE PORTAL IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE RESULTS THAT YOU MAY ACHIEVE ON ACCOUNT OF USE OF THE PORTAL AND/OR NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE PORTAL WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE PORTAL WILL BE UNINTERRUPTED. YOU ACKNOWLEDGE THAT LICENSOR IS NOT RESPONSIBLE FOR ANY ERRORS RELATED TO THE PORTAL, INCLUDING WITHOUT LIMITATION ANY ERRORS OR MISTAKES RELATING TO ANY ESTIMATE OR OTHER SERVICE PROVIDED THROUGH THE PORTAL. YOUR USE OF THE PORTAL AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE PORTAL IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR OR ITS AFFILIATES OR LICENSEES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PORTAL, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LICENSOR’S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE PORTAL SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Portal, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Copyright Policy. Company respects the intellectual property of others and asks that users of our Portal do the same. In connection with our Portal, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Portal who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Portal, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § (c)) must be provided to Meadowbrook, Inc.:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § (f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Portal or send us emails, or whether Company posts notices on the Portal or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Portal. We may suspend or terminate your rights to use the Portal (including your Account) at any time for any reason at our sole discretion, including for any use of the Portal in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Portal will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, your obligations under the following provisions of these Terms will remain in effect: 1) indemnification; 2) Limitation of Liability; 3) Disclaimer of Warranty; 4) Restrictions; 5) Ownership; 6 ) Account Creation and Responsibilities; and 7) Miscellaneous.
Miscellaneous. This Agreement constitutes the entire agreement between you and the Licensor concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Michigan, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Michigan and you expressly consent to jurisdiction and venue thereof and therein. This Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded. LinkedIn, the LinkedIn logo, the IN logo and InMail are registered trademarks or trademarks of LinkedIn Corporation and its affiliates in the United States and/or other countries.
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