TERMS OF USE

Welcome to the www.FreelancersInsuranceCo.com website (the "Site"). The Site is owned and operated by Freelancers Insurance Company ("FIC"). Please review the following terms and conditions carefully.

1.  Acceptance of Agreement

By accessing, using or browsing the Site, you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations.  FIC reserves the right, in its sole discretion, to change, add or modify any portion of these Terms of Use at any time by posting new Terms of Use on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes. If you do not agree with any of these terms or changes to these Terms of Use, please do not use the Site.

2.  Modifications to the Site

FIC reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. FIC may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

3.  User Conduct

You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you will not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing, libelous, defamatory, pornographic or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact.

4.  Services

The Site provides access to a number services offered by FIC and third parties that may be available to you, including reference and educational information. The Site does not, directly or indirectly, provide advice or guidance with respect to such services, including, but not limited to, services concerning your tax and accounting matters, insurance and pension plan benefits, or legal issues. The Site makes no claim or representation regarding – and accepts no responsibility for – the quality or reliability of any services provided by third parties to you that may be made accessed through use of the Site. Articles, commentary and other information contained on the Site are intended to be for general academic and illustrative purposes and are not intended to guide the decisions of any individuals.

5.  No Medical Advice

Any information on the Site regarding medical matters is provided solely for educational and informational purposes. This information is not intended and should not be used as a replacement for medical advice. You should make all medical decisions in consultation with your health care provider.

6.  No Offer of Insurance Products

Any description of insurance products on the Site is not intended and should not be construed as an offer to sell or solicit the purchase of such products. Insurance products are provided only to individuals who have been approved for enrollment in FIC.

7.  Intellectual Property

You acknowledge and agree that all content and materials available on the Site, including but not limited to the FIC name and logo, are protected by intellectual property and other laws. Except as expressly authorized by FIC, any use, copying, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you keep intact all proprietary and other notices.

8.  Monitoring

You agree that FIC has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site. Notwithstanding this right, FIC does not and cannot review all materials posted on the Site by users and FIC is not responsible for any materials posted by users.

9.  Submissions

All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site will become the exclusive property of FIC. FIC will not be required to treat any submission as confidential, except as required by applicable law. FIC will be entitled to use all submissions for any legally authorized purpose whatsoever, without any compensation to you.

10.  Registration

Individuals who are enrolled in FIC are able to register for access to password-protected areas of the Site, which may also permit access to password-protected areas of third-party websites. You agree that you will provide accurate information during registration and that you will keep your account information up-to-date. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site or any third-party website as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

11.  Privacy

For an explanation of FIC's practices and policies with regards to information collected or submitted to the Site, please see its Privacy Policy.

12.  DISCLAIMER OF WARRANTIES  

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FIC DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

13.  LIMITATION OF LIABILITY

IN NO EVENT SHALL FIC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF FIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL FIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

14.  Indemnification

You agree to defend, indemnify and hold FIC, and its officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by them in connection with any claim arising out of or related to: (a) your use of the Site; (b) your breach or violation of these Terms of Use; (c) your dispute with another user; or (d) the unauthorized access to any password-protected area of the Site or third-party website using your password.  FIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of FIC.

15.  Termination

These Terms of Use constitute a binding agreement between you and FIC until terminated by you or FIC, which FIC may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

16.  Choice of Law; Forum

These Terms of Use shall be governed by and in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Any controversy involving FIC arising from or in any way related to these Terms of Use or your use of the Site shall be heard in the appropriate State or Federal court in Kings County, New York and you irrevocably consent to the jurisdiction of such courts.

17.  Notices

 Except as explicitly stated otherwise, any notices shall be given by email to FIC or at Freelancers Union or to you at the email address you provide to FIC. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

18.  General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.  The failure by either you or FIC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement comprises the entire agreement between you and FIC, and supersedes all prior agreements between the parties regarding the subject matter contained herein. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of these Terms of Use.

19.  Contact Information

If you have any questions or comments about these Terms of Use, please contact FIC at:

Freelancers Insurance Company