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Please read these terms and conditions carefully before accessing the ICMAUTO.com Web site (ICMAUTO). Your use of ICMAUTO is expressly conditioned on your acceptance of the terms and conditions below. By using ICMAUTO, you signify your assent to these Terms and Conditions and agree to be bound thereby. If you do not agree with any part of the following Terms and Conditions, you must not use this site.
The Terms and Conditions may be modified by ICM Insurance Company from time to time. Continued use of ICMAUTO by you will constitute your acceptance of any modifications to the Terms and Conditions, so it's wise to check this page regularly. You can access the Terms and Conditions any time from the bottom of any page in ICMAUTO. Your failure to follow the rules herein, whether listed below or in supplemental notices posted at various times on this page, may result in termination of your access to ICMAUTO.
Use of This Website ICMAUTO is a comprehensive Web site which allows ICM Insurance Company and its affiliates (collectively, “ICM”) to support and communicate with our agents electronically by providing access to policyholder information (limited to your book of business), agent records (including commission statements), relevant technology, as well as the most current information and news to assist you in your business. You agree not to disrupt, modify or interfere with ICMAUTO, or impede or interfere with others’ use of ICMAUTO, or its associated software, hardware and servers in any way. You further agree not to alter or tamper with any information on or associated with ICMAUTO. You agree that this site and the content provided in this site, including the text, graphics, button icons, and data compilations, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ICM, except that you may display and print the materials presented on this site for the specific business purpose set forth herein.
Agents and Brokers In some states, brokers, rather than independent agents, offer
ICM’s insurance products to customers. Although there are
important legal distinctions between agents and brokers, for readability
purposes this website uses "agent" to refer to both. While
the relationship between brokers and ICM differs from ICM's relationship
with its independent agents, including the fact that brokers do
not have binding authority, many of the same or similar tools and
services on ICMAUTO are available to them. If you have any questions
about the products and services described on this web site or their
availability to brokers, please contact an ICM Agency Licensing
representative. ICMAUTO is a restricted use site, requiring the use of an Agent Code and Password for access. Unauthorized use of or access to any restricted area is strictly prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without proper authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement agencies in connection with any investigation or prosecution of possible criminal and/or unlawful activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
You are responsible for maintaining the confidentiality of your Agent Code and Password. You agree to accept responsibility for all activities that occur under your Agent Code and Password. ICM is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence on the part of ICM. You will notify ICM immediately if you believe someone else has obtained your Password or any unauthorized access under your Agent Code has occurred or may occur. ICM may block access to your Agent Code without prior notice if we believe your Agent Code is being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons, including, without limitation, system upgrades and/or modifications.
Copyright/Trademark Except where otherwise indicated, all materials contained in this Web site are the copyrighted property of ICM Insurance Company and/or third party licensors. All logos and other trademarks and service marks used on this site, including but not limited to the ICM Insurance Company logo are owned by ICM, unless otherwise denoted. ICM may own intellectual property rights in other logos, words, or phrases not listed here.
ICM reserves all rights to its intellectual property. Any materials printed or downloaded from ICMAUTO shall retain all ICM copyright and other proprietary notices in the same form and manner as on the original.
You are not authorized to use any portion of ICMAUTO or any other intellectual property of ICM on any other Web site, in the meta-tags of any other Web site or in any other materials. You may not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of ICMAUTO’s content (except as permitted herein) or frame ICMAUTO within any other Web site. Linking from another Web site to any section of this Web site is strictly prohibited without prior written permission.
Privacy ICMAUTO provides a convenient means for you to access information from ICM. You acknowledge and agree that you are only authorized to access such information as may be available through your own Agent Code and Password. Some of it, called "nonpublic personal information," is protected under the federal Gramm-Leach-Bliley Act and state privacy laws. ICM maintains a privacy policy in compliance with the Gramm-Leach-Bliley Act and applicable state law. A copy of ICM’s Privacy Policy is available at our Web site. ICM also maintains physical, electronic and procedural safeguards in compliance with applicable laws and regulations to prevent the unauthorized access to and dissemination of nonpublic personal information. When using ICMAUTO in the course of your representation of ICM, you acknowledge and agree that you will adhere to ICM’s privacy policy applicable to your state. When not representing ICM, however, you must independently comply with applicable federal and state privacy laws with respect to your collection, use and disclosure of nonpublic personal information.
Third-Party Websites ICMAUTO contains links to other Internet Websites ("Third-party Sites") that are not maintained by ICM. Access to Third-party Sites is at your own risk and ICM is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these Third-party Sites. ICM provides these links solely for your convenience. ICM makes no warranties or representations about the content of, or any products or services offered in, such Third-party Sites. You should not interpret any link to/from such Third-party Sites as indicating that ICM sponsors or endorses such sites or their materials or that these Third-party Sites are affiliated with ICM in any manner. We recommend that you take the time to read the privacy and data security policies of all Third-party Sites.
Products The information and descriptions contained in ICMAUTO are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by ICM. The insurance coverage afforded by ICM is subject to the terms and conditions of the policies issued. ICM reserves the right to withdraw products or services referred to in ICMAUTO at any time.
Disclaimer of Warranty ICMAUTO (including all information and materials contained on this site) is provided “as is” and “as available” without warranties of any kind either express or implied. ICM disclaims all warranties, express or implied, with respect to ICMAUTO, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. ICM does not warrant that the operation of ICMAUTO will be uninterrupted or error-free, that any defects will be corrected, or that ICMAUTO or the server that makes it available are free of viruses or other harmful components. ICM does not warrant or make any representations regarding the accuracy, completeness, currency or reliability of ICMAUTO, any of the information or materials found on ICMAUTO, or the use or the results of the use of the information or materials in ICMAUTO. ICM disclaims any warranty or representation that this site, its servers or any e-mail sent from ICM are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability ICM assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of this site or your downloading of any materials or data from the site. In no event shall ICM be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (including but not limited to lost profits or lost opportunity), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of ICMAUTO or content found herein, (ii) any failure or delay (including but not limited to the use of or inability to use any component of ICMAUTO), or (iii) the performance or non-performance by ICM, even if ICM has been advised of the possibility of such damages.
Jurisdiction/Enforceability Use of ICMAUTO shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflict of laws. Any dispute concerning ICMAUTO or these Terms and Conditions shall be subject to the exclusive venue of a court of competent jurisdiction in New York. Your use of ICMAUTO constitutes your express consent to the personal jurisdiction of such courts for the purpose of resolving any such dispute. Should any provision of these Terms and Conditions of use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
Indemnification You agree to defend and indemnify ICM, including all corporate affiliates, and their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf or by third parties as a result of your breach of these Terms and Conditions.
Attorney’s Fees In the event ICM takes legal action against you in order to enforce,
protect or defend any of its rights pursuant to these Terms and
Conditions and prevails, you agree to pay all reasonable costs and
fees incurred by ICM, including but not limited attorneys’
fees, in addition to any other relief to which ICM may be entitled.
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