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Terms of Use

The Effective Date of these Terms of Use is May 29, 2014.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND UNDERSTAND AND AGREE TO ABIDE BY THEM.

This Terms of Use Agreement (this “Agreement”) describes the terms and conditions applicable to your use of The MGIS Companies, Inc.’s (“MGIS”) website. If you do not agree to the terms and conditions of this Agreement, please do not use this website. Your use of certain pages or services within this website may be subject to additional terms and conditions. Before being given access to these pages or services, you will be asked to indicate whether you agree to be bound by the additional terms and conditions. If you agree to be bound, you will be given access to the page or service. If you do not agree to be bound, you will not be given access to the page or service.

MGIS may at any time revise or modify this Agreement or impose new conditions for use of this website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the website or by e-mail. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. MGIS may modify its services at any time.

THIS WEBSITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE.

This website is intended to serve as a resource to physicians and other persons interested in professional liability insurance and issues affecting the practice of medicine. You should not construe MGIS’s publication of this content as an endorsement by MGIS of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, or action made by the author of the content.

All policy provisions are subject to underwriting approval and may vary from state to state. Policies may be issued by various insurance companies depending upon the state and coverage sought. Coverage availability, terms and conditions may vary by state. Any actual coverage determination is subject to all of the terms and conditions of the actual policy, endorsements, application, and any actual claims. MGIS is not an insurer.

Scope of Use

MGIS invites you to view, use and download a single copy of this website for your informational, personal, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of MGIS. You understand that MGIS may discontinue, change, or restrict your use of this website for any reason without notice.

This website is for use by U.S. residents only. By using this website, you represent that you are at least eighteen (18) years old and a United States resident.

Privacy Policy

All information we collect on this website is subject to our Privacy Policy. By using this website, you consent to all actions taken by us with respect to your information in compliance with MGIS’s Privacy Policy.

No Warranties 

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. MGIS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. MGIS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability 

YOUR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. MGIS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF MGIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.

Indemnification

If you violate any terms of this Agreement or if you misuse this website, you agree to defend, indemnify and hold harmless MGIS, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys’ fees that arise out of or are related to your violation or misuse.

User Submissions 

Certain areas of this website enable you to submit e-mails, post comments or otherwise provide feedback or information either to MGIS or that is posted on the website.

You agree that by submitting content:

  • That you will not submit any information that directly identifies an individual or any information for which you do not have all necessary consents or authorizations to disclose;
  • You will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer;
  • You understand and agree that such content that is submitted as comments or to a feedback page, will be deemed non-confidential; and

You are solely responsible for the content of any postings you submit and MGIS assumes no responsibility or liability for any content submitted by you or any other website visitor. MGIS may, but is not obligated to, restrict or remove any and all content from a message that MGIS determines in its sole discretion violates this Agreement or is otherwise harmful to MGIS, its customers or website users, or any third party. MGIS reserves the right to remove the content you provide at any time, but you understand that MGIS may preserve and access a backup-copy, and MGIS may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of MGIS.

If you do post content or submit material, and unless we indicate otherwise, you grant MGIS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MGIS and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify MGIS or its affiliates for all claims resulting from content you supply.

Copyright Infringement – Notice and Procedure for Making Claims

MGIS respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MGIS’s copyright agent with the following  information in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • 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;
  • 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.

MGIS’s Agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent
c/o The MGIS Companies, Inc.
P.O. Box 16110
Salt Lake City, UT 84116-0110
copyright@mgis.com

Please note that this procedure is exclusively for notifying MGIS that your copyrighted material has been infringed.

Trademarks 

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this website are registered and unregistered Trademarks of MGIS and third parties used under license. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Unauthorized use of any Trademark may be a violation of federal and state trademark laws.

Copyright 

This website is protected by United States’ and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the website, or individual sections of the design or layout of the website or MGIS logos without MGIS’s written permission.

Information, News and Press Releases 

The website may contain information, news and/or press releases about MGIS. While we strive to ensure that information contained on our website is current, accurate and reliable, MGIS disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than MGIS contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by MGIS.

Links 

This website may contain links to websites operated by other parties. The linked sites are not under the control of MGIS, and MGIS is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply MGIS’s endorsement of material on any other site and MGIS disclaims all liability with regard to your access to such linked websites. MGIS provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.

Security 

This website may require you to register or obtain a password prior to permitting access to the website or certain services available on this site. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.

Location, Governing Law and Arbitration 

This website is operated by MGIS. The law of the State of Utah shall govern these terms and conditions, without reference to its choice of law rules. MGIS makes no representation that the information in the website is appropriate or available for use in other locations, and access to this website from territories where the content of this website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any controversy or claim arising under or related to this User Agreement or MGIS’s products and/or services shall be governed exclusively by the laws of the State of Utah and jurisdiction shall be subject exclusively to courts located within Salt Lake County, Utah.

Violations and Additional Policies 

MGIS reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the website.

Use of Information 

MGIS reserves the right, and you authorize MGIS, to the use and assignment of all information regarding your use of this website and all information provided by you in any manner consistent with this Agreement and applicable federal law.

Administration of Products

Administration for physician products is provided by Medical Group Insurance Services, Inc. (MGIS), in all states, except as follows: in CA by MGIS Insurance Agency, Inc; in NY by MGIS Insurance Agency; in NC by Insurance Administration, Inc., d/b/a MGIS NC. Product offerings may not be available in all states and may vary depending on state laws and regulations.

Questions 

If you have any questions about this Agreement or the website, please write, phone or email MGIS via the contact information below:

The MGIS Companies, Inc.
P.O. Box 16110
Salt Lake City, UT 84116-0110
Toll free phone: 800.969.6447
Fax: 801.990.2401

email: info@mgis.com

©2014 The MGIS Companies, Inc. All Rights Reserved.