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1. ACCEPTANCE OF TERMS
FCCI Insurance Group ("FCCI") provides this site for your use,
subject to the following Terms of Use ("TOU"), which may be
updated by us from time to time without notice to you. You can
review the most current version of the TOU at any time by
visiting this site.
2. DESCRIPTION OF SITE
This site (sometimes hereinafter referred to as the "FCCI Legal
ExtraNet") is designed to provide a simple and convenient way
for the FCCI Insurance Group and its legal counsel to
communicate with each other, post information helpful to the
ongoing process of claims and litigation handling, and generally
provide a forum that will lead to a closer, "teamwork" approach
to the mutual interests of FCCI and its counsel everywhere.
FCCI's Legal Extranet is divided into two general categories: 1)
Workers Compensation; and 2) Property & Casualty. Within these
two divisions you will find similar areas offering phone
directories for all Claims and Legal personnel, notices by FCCI
that are applicable to all its panel counsel, downloadable
copies of FCCI's litigation guidelines and form reports, a forum
where important legal issues may be posted, and other
insurance-related links.
3. FOR USE BY AUTHORIZED FIRMS/LAWYERS ONLY
In order to use the FCCI Legal ExtraNet, you will need a
Username and Password. To obtain these, please contact the
individual designated on the site's home page.
The FCCI Legal ExtraNet is to be used only by law firms and
individual attorneys within those law firms that have been
specifically authorized by FCCI to use the site in furtherance
of the attorney-client relationship and attorney-client
privileges. By logging on and accessing the FCCI Legal ExtraNet,
you warrant and represent that you are a current member of the
authorized law firm and are accessing the site only as an
authorized attorney currently representing one or more member
carriers of the FCCI Insurance Group.
Use of the FCCI Legal ExtraNet by any other person (other than
FCCI authorized personnel) is unauthorized and will considered
by FCCI to be an invasion of its corporate privacy, trade
secrets, and business domain. Violators will be prosecuted by
FCCI to the full extent allowed by the law or by any applicable
Bar/ethics agencies.
It will be the responsibility of the authorized law firm to
advise FCCI if any of its member attorneys have left the employ
of the law firm, so that the individual attorney's Username and
Password can be revoked.
4. PASSWORD AND SECURITY
You will receive a UserName and Password from FCCI. You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a)
immediately notify FCCI of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you properly exit/log out from the FCCI Legal ExtraNet at the
end of each session.
5. USER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
FCCI, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the FCCI
Legal ExtraNet. FCCI does not control the Content posted via the
FCCI Legal ExtraNet and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand
that by using the site, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances
will FCCI be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise
made available via the FCCI Legal ExtraNet.
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You agree to not use the FCCI Legal ExtraNet to:
a. upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or
entity;
d. forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the FCCI Legal ExtraNet;
e. upload, post, email, transmit or otherwise make
available any Content that you do not have a right to
make available under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
f. upload, post, email, transmit or otherwise make
available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation;
h. upload, post, email, transmit or otherwise make
available any material that contains software viruses or
any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment;
i. intentionally or unintentionally violate any
applicable local, state, national or international law
and any regulations having the force of law;
j. "stalk" or otherwise harass another; or
k. collect or store personal data about other users. |
You acknowledge that FCCI does not pre-screen Content, but
that FCCI shall have the right (but not the obligation) in its
sole discretion to refuse or move any Content that is available
via the FCCI Legal ExtraNet. Without limiting the foregoing,
FCCI shall have the right to remove any Content that violates
the TOU or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by FCCI or
submitted to FCCI, including without limitation information in
the FCCI Legal ExtraNet Discussion Forums, and in all other
parts of the site.
6. INDEMNITY
You agree to indemnify and hold FCCI, and its subsidiaries,
affiliates, officers, agents, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit,
post, transmit or make available through the FCCI Legal ExtraNet,
your use of the site, your connection to the site, your
violation of the TOU, or your violation of any rights of
another, even is such claims or demands are alleged to arise
from negligence or other wrongful conduct of FCCI.
7. TERMINATION
FCCI has the absolute right, in its sole discretion, to suspend
or terminate your use of the FCCI Legal ExtraNet and refuse any
and all current or future use of the site (or any portion
thereof). You agree that FCCI, in its sole discretion, may
terminate your password, account (or any part thereof) or use of
the FCCI Legal ExtraNet, and remove and discard any Content
within the site, for any reason, including, without limitation,
for lack of use or if FCCI believes that you have violated or
acted inconsistently with the letter or spirit of the TOU.
8. LINKS
The FCCI Legal ExtraNet may provide links to other World Wide
Web sites or resources. Because FCCI has no control over such
sites and resources, you acknowledge and agree that FCCI is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that FCCI shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site
or resource.
9. FCCI'S LEGAL AND PROPRIETARY RIGHTS
You acknowledge and agree that the FCCI Legal ExtraNet contains
proprietary and confidential information that is protected by
applicable attorney-client and work product privileges, trade
secret principles, corporate privacy, intellectual property and
other laws. You further acknowledge and agree that Content
contained in the FCCI Legal ExtraNet is not to be used other
than in the context of the attorney-client relationship between
you and FCCI.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a. YOUR USE OF THE FCCI LEGAL EXTRANET IS AT YOUR SOLE RISK. THE
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FCCI
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM FCCI OR THROUGH OR FROM THE FCCI LEGAL EXTRANET
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. |
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FCCI SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF FCCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SITE; (ii) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE FCCI LEGAL EXTRANET; OR (v)
ANY OTHER MATTER RELATING TO THE SITE.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
13. NOTICE
Notices to you may be made via either email or regular mail. The
FCCI Legal ExtraNet may also provide notices of changes to the
TOU or other matters by displaying notices or links to notices
to you generally on the site.
14. GENERAL INFORMATION
The TOU constitute the entire agreement between you and FCCI and
govern your use of the FCCI Legal ExtraNet, superceding any
prior agreements between you and FCCI. The TOU and the
relationship between you and FCCI shall be governed by the laws
of the State of Florida without regard to its conflict of law
provisions. You and FCCI agree to submit to the personal and
exclusive jurisdiction of the courts located within the county
of Sarasota, Florida. The failure of FCCI to exercise or enforce
any right or provision of the TOU shall not constitute a waiver
of such right or provision. If any provision of the TOU is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and
the other provisions of the TOU remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the FCCI Legal Extranet or the TOU must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
The section titles in the TOU are for convenience only and have
no legal or contractual effect.
15. VIOLATIONS
Please report any violations of the TOU to:
Thomas A. Koval, Esq.
Senior Vice President & General Counsel
6300 University Parkway
Sarasota, Florida 34240-8424
Tel. (941) 907-7632
Fax (941) 907-3380
Email:
tkoval@fcci-group.com |
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