Terms of Use

for the

Bankers Insurance Self-Service Portal, and

Bankers Insurance Website (Schedule A)

These terms of use are entered into by and between you (“Customer” or “you”) and Bankers Insurance, L.L.C. (“Bankers Insurance”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Self-Service Portal (the “Self-Service Portal”) provided by Bankers Insurance, including any content, functionality and services offered on or through the Self-Service Portal.

Please read these Terms of Use carefully before you start to use the Self-Service Portal.  By clicking to accept or agree to these Terms of Use when this option is made available, Customer accepts and agrees to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access or use the Self-Service Portal.

  1. Customer is hereby authorized by Bankers Insurance to access and use the Self-Service Portal for the sole and limited purpose of creating auto ID cards and certificates of insurance, accessing documents posted on the Self-Service Portal, viewing insurance policy information, requesting policy changes, and reporting claims, subject to the terms and conditions set forth herein.
  2. Customer hereby agrees and opts-in to receiving and accessing documents and information posted on the Self-Service Portal.
  3. Upon receipt of an e-mail notification that all must exit the system for emergency system maintenance, Customer agrees to exit the system immediately and not to re-enter the system until notified by Bankers Insurance that it is permissible to do so.
  4. Customer agrees that it will be solely responsible for the user-IDs and passwords that Customer and its employees use to access the Self-Service Portal.  Customer and its employees shall keep such user-IDs and passwords confidential and in a safe place and not disclose them to employees and others who have no need to know such user-IDs and passwords.  Customer shall be responsible and liable for all communications and actions that take place through the use of its user-IDs and passwords, including without limitation, any actions that occur without Customer’s authorization.  Accordingly, it is Customer’s responsibility to take appropriate actions immediately if any user-ID or password is stolen, leaked, compromised or otherwise used without proper consent.  Without limiting the foregoing, Customer shall: (i) notify Bankers Insurance immediately of any unauthorized use of any user-ID, password or the Self-Service Portal or any other known or suspected breach of security; (ii) report to Bankers Insurance immediately and use reasonable efforts to stop immediately any copying or distribution of Self-Service Portal content that is known or suspected by Customer; (iii) notify Bankers Insurance when Customer or any of its employees no longer need access to the Self-Service Portal; (v) notify Bankers Insurance immediately upon the termination of the employment of any employee who had access to the Customer’s user-IDs and passwords; and (vi) change Customer’s user passwords, at a minimum, immediately following the termination of the employment of any employee who had access to the Customer’s passwords.
  5. Without the prior written consent of Bankers Insurance, Customer shall not make any changes, edits or modifications to the auto ID cards or certificates of insurance generated by the Self-Service Portal, including without limitation, altering any subrogation clause or adding additional insureds.  Bankers Insurance hereby consents to Customer modifying the certificates of insurance generated by the Self-Service Portal to include a specific job description.  Customer must contact the Bankers Insurance representative who handles its account to request any other change, edit or modification to a certificate of insurance.  Such changes, edits or modifications often will require the advance approval of the applicable insurance company and an amendment or rider to the applicable insurance policy.
  6. Customer agrees to defend, indemnify, and hold Bankers Insurance and its affiliated companies, and their employees, contractors, officers, and directors, agents, members and partners harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from Customer’s use or misuse of the Self-Service Portal and the auto ID cards and certificates of insurance generated thereby or Customer’s violation of these Terms of Use, including any use, misuse or violation by Customer’s employees or agents.  Bankers Insurance reserves the right to assume the exclusive defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with Bankers Insurance in asserting any available defenses and shall reimburse Bankers Insurance for the costs, including attorney’s fees, of defending and controlling such matter.
  7. Customer agrees that these Terms of Use, and Customer’s use of the Self-Service Portal, are subject to the terms of use for Bankers Insurance’s website and the software and data accessible via such website as such may be in effect or modified from time to time, including without limitation, the warranty disclaimers, limitations of liability and indemnification provisions therein.  The Bankers Insurance website terms of use are attached hereto as Schedule A and are incorporated herein and made a part hereof by reference.  Customer agrees that these Terms of Use and the Bankers Insurance website terms of use may be amended by Bankers Insurance in its sole discretion at any time for any reason, and that Bankers Insurance may notify Customer of such amendments via e-mail, by posting such amendments on its website or the Self-Service Portal, or by any other reasonable means.
  8. Bankers Insurance, in its sole and exclusive discretion, may immediately terminate or suspend Customer’s access to all or part of the Self-Service Portal for any or no reason, including without limitation, any violation of these Terms of Use.
  9. Disclaimers.
    1. Insurance coverage is not bound or changed by submission of information via the Self-Service Portal, e-mail, voice mail or facsimile.  No binder, insurance policy, change, addition, and/or deletion to insurance coverage goes into effect unless and until confirmed directly by a licensed insurance agent.
    2. Any proposal of insurance we may present to you will be based upon the values developed and exposures to loss disclosed to us via the Self-Service Portal, an application or in other communications with us.  All coverages are subject to the terms, conditions and exclusions of the actual policy issued.  Not all policies or coverages are available in every state.
    3. Information on the Self-Service Portal is not an offer to sell insurance.  Please contact your insurance agent or our office at (800) 541-1419 to discuss specific coverage details and your insurance needs.  In order to protect your privacy, please do not send us your confidential personal information by unprotected email.  Instead, discuss that personal information with us by phone or submit if via the Self-Service Portal or by fax.
    4. Information and statements on the Self-Service Portal as to policies and coverages and other content are for informational purposes only and we provide no representation or warranty as to their accuracy.  Clients should consult with their licensed agent as to how these coverages pertain to their individual situation.
    5. Information provided on the Self-Service Portal does not constitute professional advice.  If you have legal, tax or financial planning questions, you need to contact a qualified professional.

SCHEDULE A

Terms of Use

Please read these Terms of Use carefully. By accessing the Bankers Insurance, L.L.C. website, which includes any and all of the pages, systems, software and databases that may be accessed via the website, you agree to be bound by these Terms of Use.  If you do not agree with these Terms of Use, do not access this website.  The information, materials, terms, conditions and descriptions that appear in this website are subject to change.

Permitted Use

You are hereby authorized to view and print the pages and information available from this website for your personal use and benefit or that of your organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity, except with prior written approval of Bankers Insurance.  You are strictly prohibited from unauthorized use of this website, including, but not limited to; (i) unauthorized entry into this website; (ii) misuse of passwords; (iii) using this website and the information therein for any illegal purpose or in any manner inconsistent with these Terms of Use, (iv) posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any federal, state or local law; (v) posting or transmitting any information or software which contains a virus, worm, trojan horse or other harmful component; (vi) restricting or inhibiting any other user from using this website; or (vii) posting, publishing, transmitting, reproducing, distributing, or exploiting any information, software or other material obtained through this website for commercial purposes other than expressly permitted in writing by Bankers Insurance.

Certain pages, systems, software or databases within this website may contain or be subject to additional agreements, terms, conditions, disclosures and disclaimers, all of which are in addition to these Terms of Use.  To the extent of any conflict, such additional agreements, terms, conditions, disclosures and disclaimers will govern the applicable pages, systems, software or databases.

User-IDs and Passwords

Where access to and use of certain, pages, systems, software, databases, materials or information in this website are restricted and secured by user-IDs and passwords, you agree to be solely responsible for the user-ID and passwords that you use to access such pages, systems, software, databases, materials or information.  You shall keep such user-IDs and passwords confidential and in a safe place and not disclose them to others who have no need to know such user-IDs and passwords.  You shall be responsible and liable for all communications and actions that take place through the use of your user-IDs and passwords, including without limitation, any actions that occur without your authorization.  Accordingly, it is your responsibility to take appropriate actions immediately if your user-ID or password is stolen, leaked, compromised or otherwise used without proper consent.  Without limiting the foregoing, you shall: (i) notify Bankers Insurance immediately of any unauthorized use of your user-ID, password or this website or any other known or suspected breach of security; (ii) report to Bankers Insurance immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of the contents of this website that is known or suspected by you; (iii) notify Bankers Insurance when you no longer need access to the password protected pages, systems, software, databases, materials or information in this website; (v) notify Bankers Insurance immediately upon the termination of the employment of any employee of your company who had access to user-IDs and passwords; and (vi) change your user password, at a minimum, immediately following the termination of the employment of any of your company’s employees who had access to the company’s passwords.

Privacy

Bankers Insurance takes your privacy seriously.  Please view our Privacy Policy.  When you provide information via this website, it will be subject to our Privacy Policy.

Proprietary Information and Copyright

The information and materials contained in this website are owned by Bankers Insurance or others.  Materials copyrighted or owned by Bankers Insurance or any other individual or entity are presented here for personal, non-commercial use only. Documents, content or images contained in this website may not be used, displayed, downloaded, stored, copied or reproduced in any form without the prior written permission of Bankers Insurance.

No Offer or Solicitation

The material included in this website shall not constitute an offer to sell, or a solicitation of an offer to buy, insurance or securities in any state in which such offer, solicitation or sale would be unlawful.

No Warranty

The information and materials contained in this website (including without limitation, text, graphics, links or other items) are provided “as is” and “as available.” Bankers Insurance does not warrant the accuracy, adequacy or completeness of such information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to, the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with such information and materials.  Furthermore, the information and materials contained within this website are not and should not be relied upon or deemed to be legal, tax or business advice.  Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website.

Limitation of Liability

In no event will Bankers Insurance be liable for any damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with the use of this website. This limitation includes, without limitation, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or other malicious or disabling code or procedure, or line or system failure, or hyperlink to other internet resources or websites. This limitation applies even if Bankers Insurance, or its representatives, are advised of the possibility of such damages, losses or expenses.

Links to Other Sites

From time to time, Bankers Insurance may place links to other internet resources or websites in this website. Links to other websites and internet resources are at your own risk. The content, accuracy, opinions expressed and other links provided by such other websites and resources are not investigated, verified, monitored or endorsed by Bankers Insurance.

Indemnification

You agree to defend, indemnify, and hold Bankers Insurance and its affiliated companies, and our/their employees, contractors, officers, and directors, agents, members and partners harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this website or your violation of these Terms of Use, including any use, misuse or violation by your employees or agents. Bankers Insurance reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses and shall reimburse Bankers Insurance for the costs, including attorney’s fees, of defending and controlling such matter.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with Bankers Insurance.  These Terms of Use and your use of this website shall be governed by the laws of the Commonwealth of Virginia, and shall be subject to the sole and exclusive jurisdiction and venue of the state and federal courts located in the Commonwealth of Virginia, County of Henrico.

Amendments

These Terms of Use may be amended by Bankers Insurance in its sole discretion for any reason from time to time by posting the new Terms of Use on this website.  All users agree to be subject to these Terms of Use as they change from time to time.

Last Update of This Page

February 2017.