Terms of Use

Welcome to the FHMconnect website (the “Site”). To assist you in using the Site and to ensure a clear understanding of the relationship arising from your use of the Site, we have created a set of Terms of Use.

PLEASE REVIEW THE FOLLOWING TERMS OF USE (the “USER AGREEMENT”) AND NOTE THAT YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM. THESE TERMS OF USE MAY BE REVISED PERIODICALLY. WE RECOMMEND THAT YOU READ OUR TERMS OF USE WHENEVER YOU VISIT THIS SITE SO THAT YOU ARE AWARE OF ANY CHANGES.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS SITE.

1. Definitions

In this User Agreement, “we” and “us” refer to the FHM Insurance Company (FHM), and “you” and “your” relate to the user visiting and utilizing the Site.

2. Copyright/Trademark Notice

This Site in its entirety, including its content, all site design, text, date, interfaces, logos, button icons, legends, images, titles, page headers, graphics, software and the selection, arrangement, coordination, enhancement and presentation of said elements is the sole property of FHM and protected by United States copyright laws. All software used on the Site is the property of FHM or its software suppliers (or is used under license from the owner) and is protected by United States copyright laws. You acknowledge that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. None of the content or data found on this Site may be reproduced, republished, distributed, sold, transferred, modified, or otherwise exploited without the express written permission of FHM.

FHM company names, logos and marks, including the trademark, FHMconnect, are either registered or common law trademarks of FHM (“Trademarks”) and are the property of FHM. You are not authorized to use any FHM name or mark in any advertising, publicity or in any other commercial matter without the prior written consent of FHM. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of FHM. Trademarks associated with the Site, or viewed on the Site, that are not FHM marks are the trademarks of their respective owners.

3. Modification

We reserve the right, in our discretion, to change or modify all or any part of this User Agreement at any time, for any reason or no reason. Any such change or modification will become effective immediately once it is posted on the Site. Your continued use of the Site constitutes your binding acceptance of this User Agreement, including any changes or modification made by us, as permitted above. If at any time the terms and conditions of this User Agreement are no longer acceptable to you, you should immediately cease all use of the Site. The updated, online version of this User Agreement shall supersede any prior version. We last updated this User Agreement on November 1, 2008.

4. Services

Through FHMconnect we currently provide registered users with access to a variety of online resources. Those resources for agents include but are not limited to financial and audit history and loss ratios for each policyholder (“Agent Services”). Those resources for policyholders include but are not limited to detailed policy and claim information (“Policyholder Services”) (Together Agent Services and Policyholder Services are referred to as “Services”) Unless explicitly stated otherwise, all Services, including any new features, that augment or enhance the current Services, including the release of any new Services, shall be subject to this User Agreement. We reserve the right to add, delete or change the Services at any time.

5. Insurance Policies

Insurance policies offered on the Site are underwritten by FHM. FHM is licensed as an insurer in several states and may not sell insurance in states in which it is not licensed. For a current list of states where FHM is licensed as an insurer, contact us by email at fhm_connect@fhmic.com. The insurance coverage afforded by FHM is subject to the terms and conditions contained in the insurance policies issued. The information and descriptions contained in this Site relating to insurance policies are intended as general information and in no way should be construed as complete descriptions of all terms, exclusions and conditions applicable to the insurance policies offered by FHM.

6. Third-Party Sites

This Site contains links to other Internet sites (“Third-Party Sites”) that are not maintained by FHM. If you use the links to access Third-Party Sites, you will leave the Site and your browser will be re-directed to the Third-Party Site. The Third-Party Site will have its own terms of use and may have different requirements than this Site. These links are provided solely for your convenience. FHM has no control over these Third-Party Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Third Party Sites. FHM does not endorse the content of any Third-Party Site, nor does FHM make any warranties or representations about the contents of or any products or services offered in such Third-Party Sites. Neither does FHM warrant that a Third-Party Site will be free of computer viruses or other harmful code that can impact your computer or other Web access device. By using the Site to search for or link to another site, you agree and understand that such use is at your own risk.

7. Your Responsibilities

You are solely responsible for any information you provide to us or other users through your use of the Site, and we act merely as a conduit for its online distribution and publication. However, we reserve the right to take any action with respect to such information that we deem necessary or appropriate in our sole discretion (including editing and removal) if we believe it is inappropriate for the Site, may create liability for us, or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

You agree that the information you provide to us or other users through your use of the Site will be accurate and will not: (i) infringe any third party’s copyright, trademark or other proprietary rights or rights of publicity or privacy; nor (ii) be defamatory, libelous, unlawfully threatening or harassing, or otherwise violate any applicable law or regulation.

Information you provide to the Site may be lost or destroyed, or may be edited or removed from the Site by us. We are not responsible for the loss of such information. In addition, we may terminate your access to the Site at any time. Therefore, you should retain your own copies of important information you provide to the Site.

You may not use the Service to conduct any illegal business or activity.

8. Registration/ Password

You are eligible to register to use this Site if (i) you are an FHM policyholder or (ii) you are an agent appointed by FHM and (iii) you agree to abide by the terms of this User Agreement. If you are agreeing to the terms of this User Agreement on behalf of a corporate entity, your employer, or other organization, then (i) you warrant that you have authority to act on behalf of, and to bind this corporate entity, employer or organization, and (ii) for all purposes in this User Agreement, the term “you” means your employer or other entity on whose behalf you are acting.

To register to use this Site you must provide us with certain identifying information (“ID Info”) and a password (“FHM Password”)(together the ID Info and FHM Password are referred to as “Logon Credentials”). Your Logon Credentials will remain active until you or we cancel them, as is described below. You agree that your ID Info will at all times be correct and accurate. You agree that you will not use the FHM Password of another person and/or entity. You will be the only user of your FHM Password, and you will not disclose your FHM Password to any other person or entity. By registering for a FHM Password, you agree that FHM is authorized to act on instructions given under your FHM Password.

You agree to notify us at fhm_connect@fhmic.com of any unauthorized use of your Logon Credentials or breach of security. You may request a change of your Logon Credentials at any time by e-mailing or otherwise giving written instruction to FHM. It is your responsibility to request a change of your Logon Credentials whenever you become aware that either your Id Info or FHM Password or both is/are known by an unauthorized individual or has been compromised in any way. FHM suggests but does not require, that you change your FHM Password on a regular basis.

By using this Site and requesting a FHM Password you warrant that you will not reveal your FHM Password to any other person or entity, including but not limited to, any insurance company or to anyone employed by an insurance company. Further, you warrant that you will not reveal any information that is protected by the FHM Password on this site to anyone, including but not limited to an insurance company or anyone employed by an insurance company. This includes all insurance companies, whether or not they are currently writing workers’ compensation insurance. Your FHM Password is issued contingent upon this warranty. You are responsible for financial damages caused by violation of this warranty.

9. Term and Termination

We reserve the right to terminate this User Agreement and your use of the Site at any time for any reason or no reason. We will endeavor to notify you prior to our termination of your use of the Site at the e-mail address you provide during registration. Therefore, it is important that the contact information you provide is, and remains, accurate.

Subject to the survival provisions in Section 19 below, you may terminate your obligations under this User Agreement at any time by ceasing to use the Site.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER FHM NOR ANY OF ITS ASSIGNEES, LICENSEES AND PURCHASERS, AND THE OFFICERS, EMPLOYEES, AND AGENTS OR ALL OF THEM, OR FHM’S SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (ALL TOGETHER HERE KNOWN AS “ASSOCIATED ENTITIES”) WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

THE SITE IS OFFERED ON AN “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SECURITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL WARRANTIES ARE DISCLAIMED.

NEITHER FHM NOR ANY OF ITS ASSOCIATED ENTITIES SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION, INABILITY TO OPERATE OR MALFUNCTION OF THE SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT. IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTIVIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL FHM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THIS SITE.

YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD FHM RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSION OF, THIRD PARTIES IN CONNECTION WITH THE SITE (INCLUDING YOUR PROVIDERS AND THOSE WITH WHOM FHM MAY CONTRACT TO OPERATE VARIOUS AREAS ON ITS WEBSITE).

11. LIMITATION OF LIABILITY, WAIVERS & DISCLAIMERS

YOU WAIVE ANY CLAIM AGAINST US BASED ON THE QUALITY OR AVAILABILITY OF THE SITE, REGARDLESS OF CAUSE. SUCH QUALITY IS A FUNCTION OF MANY INTERACTING PROGRAMS AND COMPUTER HARDWARE, INCLUDING VARIOUS ONLINE SERVICES, BROWSERS, SYSTEM CONFIGURATIONS, AND OTHER EQUIPMENT. YOU ACKNOWLEDGE THAT ANY NETWORK COMMUNICATION OR ACTIVITY INVOLVES RESOURCES BEYOND THE CONTROL OF FHM, INCLUDING E-MAIL, FILE TRANSFERS, AND INFORMATION GATHERING, AND IS SUBJECT TO SECURITY RISKS INHERENT TO THE INTERNET AND TELECOMMUNICATIONS GENERALLY. WE MAKE NO REPRESENTATION THAT THE SITE WILL BE AVAILABLE FOR ANY PERIOD OF TIME, OR AT ANY SPECIFIC TIME. YOU AGREE AND UNDERSTAND THAT HARDWARE, SOFTWARE AND COMMUNICATIONS LINKS FAIL FROM TIME TO TIME, IN UNEXPECTED WAYS, AND ACCORDINGLY, FHM MAKES NO REPRESENTATION THAT ANY DATA SENT TO OR FROM, OR RESIDING AT, ITS SITE ARE SAFE FROM DESTRUCTION OR CORRUPTION OR MISDIRECTION OR SERVICE INTERRUPTION.

YOU AGREE THAT FHM SHALL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS USER AGREEMENT DURING ANY PERIOD IN WHICH IT CANNOT PERFORM DUE TO FIRE, EARTHQUAKE, FLOOD, OR OTHER NATURAL DISASTER, EPIDEMIC, ACCIDENT, EXPLOSION, CASUALTY, STRIKE, LOCKOUT, LABOR CONTROVERSY, WAR, EMBARGO, RIOT, CIVIL DISTURBANCE, ACT OF PUBLIC ENEMY, ACT OF GOD, OR THE INTERVENTION OF ANY GOVERNMENT AUTHORITY, OR ANY FAILURE OR DELAY OF ANY TRANSPORTATION, POWER, OR SIMILAR CAUSE BEYOND FHM’S CONTROL.

FHM DISCLAIMS ANY LIABILITY OR WARRANTY RELATING TO ANY LOSS, DAMAGE, LIABILITY, CLAIM OR EXPENSE ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER GROUNDED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR THEORIES OF STRICT LIABILITY.

IN THE EVENT THAT A COURT SHOULD HOLD THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITIES OR REMEDIES AVAILABLE AS SET FORTH IN THIS USER AGREEMENT, OR ANY PORTIONS THEREOF, ARE UNENFORCEABLE FOR ANY REASON, OR THAT ANY OF YOUR REMEDIES UNDER THIS USER AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE, YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL FHM’S TOTAL LIABILITY TO YOU OR ANY PARTY CLAIMING BY, THROUGH OR UNDER YOU OR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, IN THE AGGREGATE, EXCEED $1,000 (U.S.).

12. Agent for Copyright Complaints

FHM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you can claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. FHM ‘s copyright agent for notice of claims of copyright infringement on its site can be reached at:

FHM Insurance Company
4601 Touchton Road East
Building 300, Suite 3150
Jacksonville, FL 32246
Phone: (904) 724-9890
E-Mail: fhm_connect@fhmic.com

13. Indemnification By User

You shall indemnify and hold harmless FHM and any of its Associated Entities, and their respective shareholders, officers, directors, employees, and agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorney’s fees, arising from or relating to your access or use of, or your inability to access or use the Site, or any act, error, or omission by you or any user of your Logon Credentials in connection therewith, including, but not limited to: (i) matters relating to incorrect, incomplete, or misleading information; (ii) your breach of this User Agreement; (iii) libel; invasion of privacy; infringement of a copyright, trademark, patent, or other intellectual property; (iv) any use of confidential, proprietary or trade secret information you have obtained from any source; (v) any defective product or any injury or damage to person or property caused by any products or services sold or otherwise distributed through or in connection with the Site; or (vi) violation of any applicable law.

14. Confidential Information

The information provided on this Site is confidential and proprietary information of FHM (“Confidential Information”). With respect to this Confidential Information, you agree you will not disclose Confidential Information, directly or indirectly, for any purpose other than providing services to, and obtaining services from FHM. Moreover, you agree to transmit the Confidential Information only to those representatives who need to know the Confidential Information for purposes of providing services to and obtaining services from FHM and who are informed, prior to disclosure thereof, of his or her obligation concerning the use and disclosure of Confidential Information.

15. Privacy

You represent that you have read the FHM Privacy Policy at http://www.fhmic.com/privacy-policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to FHM by FHM and its third party providers in accordance with the terms of and for the purposes set forth in the FHM Privacy Policy.

16. No Agency

You and FHM are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement.

17. Legal Advice

FHM recognizes that applications for insurance coverage, written safety programs, employment procedures, and confidential information are inherently complex, presenting sophisticated legal issues. For specific legal advise, legal service, legal representation or legal opinions, you must consult your own legal advisor. FHM expressly does not provide any legal advice, legal service, legal representation or legal opinions regarding the use or application of its Site. No legal advice, legal service, legal representation or legal opinion whatsoever is implied or warranted by FHM, its employees, agents, affiliates, assigns, or licensors.

18. Cooperation with Law Enforcement

FHM will fully cooperate with law enforcement authorities in investigating suspected illegal activity, and may report to law enforcement any suspected illegal activity it becomes aware of, without regard to whether such illegal activity may have been conducted by you or your agents and customers, or any other person. FHM reserves the right to access and disclose any information necessary to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself.

19. Miscellaneous

This Site is controlled and operated by FHM from its location in Florida. The laws of the State of Florida shall govern this User Agreement and the Site without regard to its conflicts of law provisions.

You agree that any dispute between yourself and FHM arising out of our relating to this User Agreement or the Site shall be resolved exclusively WITHOUT A JURY in federal or state courts sitting in the county or judicial district that includes Jacksonville, Florida. BY ENTERING INTO THIS USER AGREEMENT YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL. The parties consent to the jurisdiction of such court and agree to accept service of process issued by such court. The parties waive all objections to adjudication in such court (and waive any right to transfer from such court), including, but not limited to, objections based upon lack of jurisdiction, improper venue and the convenience of the parties (including forum non conveniens).

This User Agreement and any modifications published by FHM constitute the entire and only agreement between you and FHM with respect to the Site. However, other additional terms and conditions of use applicable to specific areas of the Site also may be posted in such areas and, together with this User Agreement, govern your use of those areas.

Certain provisions of this User Agreement by their nature shall continue in full force and effect after termination, including the Copyright/Trademark Notice, Disclaimer of Warranties, Limitation of Liability, Waivers and Disclaimers, Indemnification by User, Confidential Information, Privacy, choice of law and venue provisions.

By entering into this User Agreement, you represent that you have full power and authority to enter into and perform this User Agreement and that such ability is not limited or restricted by any agreements or understandings between you and other persons or companies.

Your benefits and obligations under this User Agreement are non-transferable and non-assignable. FHM may assign its rights and obligations under this User Agreement to any entity.

If any provision of this User Agreement is found to be unenforceable or invalid, the remaining provisions of this User Agreement shall remain valid and in effect to the fullest extent possible.

20. Contact Us

You may contact us, for any reason, by e-mail as follows: fhm_connect@fhmic.com

You may contact us by regular mail as follows:

FHM Insurance Company
4601 Touchton Road East
Building 300, Suite 3150
Jacksonville, FL 32246

COPYRIGHT NOTICE

Copyright© 2015 FHM Insurance Company. All rights reserved. Any rights not expressly granted herein are reserved.

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