END USER TERMS
General. Access to Mackinaw Underwriters, Inc’s (the "Company") Liquor Liability Portal and electronic interface/platform/software (collectively the "Portal") via your internet connected devise is powered by the software and technology solution owned by Meadowbrook, Inc. (the "Licensor"). Other than providing access to the Portal, the Licensor is not the provider of any of the services, including without limitation those available to you through any website or any other third party.
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, which constitute your agreement with Licensor.
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.
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.
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.
Information We Collect:
The categories of non-public personal and financial information that we collect may include your name, address, social security or employer identification number, assets, income, date of birth, motor vehicle driving information and other information that is appropriate or necessary to provide you with the insurance products and services that you request. Any contact information we collect through our “sign up for information” forms will not be sold or released to any third party and will be used only for contact in relation to information relating to the products or services of Company, its divisions or carriers. In accordance with the CanSpam Act of 2003, we provide or opt-out feature on the contacts we send you. You can also contact us to have your email manually removed from our list at anytime.
Information We Disclose:
We do not disclose any non-public personal or financial information about our customers or former customers to anyone, except as permitted or required by law. Examples of disclosures permitted by law include disclosures that are necessary to service your policy, to investigate and pay claims and to process transactions that you request. We also may disclose non-public personal information about you to companies that perform marketing services on our behalf or to other financial service providers with which we have joint marketing agreements. However, we never disclose non-public information about you to third parties so that they can market to you a product or service that is not jointly marketed by us.
Information about you is kept in our records and may be shared with affiliated parties as permitted by law. We refer to and use that information for purposes related to issuing and servicing your insurance policies and administering claims.
We restrict access to non-public information about you to only those employees who need the information to provide products or services to you. We maintain physical, electronic and procedural safeguards to protect your non-public personal and financial information. The safeguards that we utilize comply with federal and state regulations.
We value the relationship that we have established with our current and former customers.
Business Sale/Transfer. We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the Portal may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.
Should you wish to take this matter up with the State of Michigan Division of Insurance, you may write or visit them at Department of Insurance and Financial Services, Office of Consumer Services P.O. Box 30220 Lansing, MI 48909-7720. You may also reach the Department of Insurance and Financial Services via phone at 877.999.6442 Or fax to: 517-284-8837 Or Email to: [email protected]
PLEASE RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.