PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SITE OR DOWNLOADING MATERIALS FROM THE SITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, THEN DO NOT USE THE SITE OR DOWNLOAD MATERIALS FROM THE SITE. BECAUSE THESE TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME, PLEASE REVIEW THEM FREQUENTLY.

The Florida Medical Malpractice Joint Underwriting Association  ("FMMJUA") provides insurance information and other services through its FMMJUA.com internet site (the "Site"). Your use of the Site is subject to the terms and conditions discussed herein and the terms of any Usage Agreement that may be required for you to use certain services offered through the Site.

Limited License

Subject to the terms and conditions set forth in this Agreement, FMMJUA grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

Linking to the Site

FMMJUA welcomes hypertext links from other web sites to www.fmmjua.com, subject to the conditions discussed immediately below. Except as otherwise agreed to by FMMJUA in writing:

1. All links must be to the Site’s home page https://www.fmmjua.com.  Links to internal Site pages, i.e. "deep links," are not allowed;
2. All links must convey users directly to the Site’s home page, without displaying or performing any advertisement, promotion or content and without "framing" the home page on the linked site;
3. All Links shall be entitled "FMMJUA," or such other name as specified by FMMJUA from time to time (the "Link Name").
4. Except as expressly set forth herein, nothing in this Agreement shall grant to anyone any rights in the Link Name, the Site, or any other intellectual property of FMMJUA or any of its affiliates;
5. Links shall not be displayed or used in any manner that:

(i) creates the false appearance that any entity or its activities, products or services are associated with, sponsored by, or endorsed by FMMJUA or its affiliates, or

(ii) damages or dilutes the goodwill associated with the name, logo, symbol, trademark or service mark of FMMJUA or its affiliates; and

6. Links shall not be displayed on any site that disparages FMMJUA or its affiliates or their respective products or services, or any site containing pornography or espousing hatred or violence toward individuals or groups based on the individual or group's race, gender, sexual orientation, or disability.

FMMJUA reserves the right to revoke this consent to link at any time in its sole discretion.

User's Responsibilities

1. FMMJUA authorizes you to view and download the information ("Materials") at this Site only for such purposes as are indicated therein. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

2. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. You agree not to remove, obscure, or alter FMMJUA’s proprietary notices, trademarks, or other proprietary rights notices affixed or contained on the Site.  Except as expressly provided herein, FMMJUA does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

3. You agree to keep secret any password(s) which may be required for your use of certain services offered through the Site and you shall not disclose such password(s) to third parties or use such password(s) for any purpose not expressly authorized by FMMJUA. If you provide any information that is inaccurate or if you disclose or misuse any password, FMMJUA may terminate your right to use the Site.

4. You agree to provide accurate information and to maintain and update this information as required to keep it current. You shall correct any information which you know or are advised is in error.

5. You agree not to rent, lease, sublicense, distribute, transfer, copy or modify the Site or any component thereof, nor shall you alter, tamper with, adjust or repair the Site without the prior written consent of FMMJUA. You agree not to translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder. User agrees not to adapt the Site in any way or use it to create a derivative work.

6. You agree not to use the Site in any manner, or in connection with any content, data, hardware, software or other materials provided by you (collectively, "Customer Materials") that (A) infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property rights of FMMJUA or any third party, (B) constitutes defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right or is threatening, harassing or malicious or (C) violates any applicable international, federal, state or local law, rule, legislation, regulation or ordinance, including without limitation the Communications Decency Act of 1996, as amended.

7. You agree not to use the Site for any illegal, obscene, offensive or immoral purpose, or to transmit communications described in 47 U.S.C. Section 223(b). You recognize that FMMJUA does not want you to, and you warrant that you shall not, provide any information or materials to FMMJUA that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another. FMMJUA reserves the right, but not the obligation, to remove any materials from the Site that it deems objectionable.

8. You agree that all information available through the Site is confidential and proprietary to FMMJUA ("FMMJUA Proprietary Information") and that you will not disclose any such FMMJUA Proprietary Information to any third party without written consent from FMMJUA except to the extent any such FMMJUA Proprietary Information is in the public domain and generally available for use and disclosure by the general public without any charge or license.

9. You acknowledge that this Agreement shall be deemed to incorporate by reference the Privacy Policy and Legal Notice posted on the Site, as well as any Usage Agreement that may be required for you to use certain services offered through the Site.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. FMMJUA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. FMMJUA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. FMMJUA MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, INCLUDING ANY SERVICES OFFERED THROUGH THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Information Provided by Third Parties

Some information displayed on the Site is provided by third parties not related to or affiliated with FMMJUA. Use of such information shall not be construed as an endorsement by FMMJUA of such individual or entity, or of the views presented in such information.

Third Party Sites

As a convenience to you, FMMJUA may provide, on this Site, links to sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. FMMJUA makes no warranty or representation regarding, and does not endorse, any linked internet site or the information appearing therein or any of the products or services described in such site. Customer acknowledges that FMMJUA does not control the data collection and data use practices of the linked sites and is not responsible for such practices. Links do not imply that FMMJUA, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of FMMJUA or any of its affiliates or subsidiaries.

The Site Does Not Provide Advice

The information presented on this Site should not be construed as legal, tax, financial, or accounting advice. You should consult with qualified counsel or other professional advisors familiar with your particular factual situation for advice concerning specific legal, tax, financial, or other matters before making any decision.

Limitation of Damages

IN NO EVENT SHALL FMMJUA, ITS PARENT OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS OF THE SITE OR ANY LINKED INTERNET SITE, EVEN IF FMMJUA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO HOLD HARMLESS FMMJUA, ITS PARENT OR ANY OF ITS AFFILIATES OR SUBSIDIARIES FOR ALL CLAIMS BASED UPON COMMUNICATIONS MADE OR MATERIALS POSTED ON THE SITE BY OTHERS OR THE USE BY THIRD PARITES OF THIS SITE.

Changes

FMMJUA reserves the right, at its sole discretion and without prior notice, to change, modify, add or remove any portion of these Terms and Conditions at any time. You agree to check these Terms and Conditions periodically to keep yourself informed of any such changes. Your continued use of this Site will constitute your acceptance of all changes made to these Terms and Conditions.

FMMJUA may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features or services of the Site, at any time. FMMJUA may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. FMMJUA may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law

This Site is controlled, operated and administered by FMMJUA and its servicing carrier from its offices within the United States of America. FMMJUA makes no representation that materials on this Site are appropriate or available for use outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA, WITHOUT REGARD FOR CONFLICT OF LAW PRINCIPLES, AND ANY ACTION SHALL BE INITIATED AND MAINTAINED IN A FORUM OF COMPETENT JURISDICTION IN SUCH DESIGNATED STATE.

General

This Agreement, along with the Privacy Policy and the Legal Notice posted on the Site, as well as any Usage Agreement that may be required for you to use certain services offered through the Site, represent the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral. Should any provision be held by a court to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected.

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