Terms of Use

W.N. TUSCANO AGENCY, INC. TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

INTRODUCTION

PLEASE READ THE AGREEMENT BEFORE USING ANY SERVICES OR DATA PROVIDED BY THE W. N. TUSCANO AGENCY, INC. OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS (AGENCY) THROUGH THIS WEB SITE (AGENCY SITE), YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

AGREEMENT BETWEEN USER AND AGENCY

Use of the AGENCY SITE, including all related software and other services, is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your accessing or using the services, transmitting through or downloading any materials from this AGENCY SITE constitutes your agreement to all such terms, conditions, and notices. You agree to click on any Terms of Use and other terms and guidelines found throughout this AGENCY SITE and to abide by them if you choose to use the sites, pages or services to which they apply. If you do not wish to be bound by these terms and conditions, please immediately exit this AGENCY SITE and make no further use hereof.

USE OF AGENCY SITE

An authorized User of the AGENCY SITE is an individual or entity, including that entitys designated officers, employees or agents, that has been specifically authorized by AGENCY or one of its members to utilize the AGENCY SITE and have executed a Producer Agreement with AGENCY, and have complied with all of the term and conditions of this Agreement and the producer Agreement. An individual or entity accessing the AGENCY SITE without this specific authorization shall not be considered an authorized User.

You may access the AGENCY SITE for information, download, view, copy and print documents and graphics if you are an authorized User. Except as expressly provided herein or in the terms of use of other referenced products or agreements, only authorized Users may utilized the AGENCY SITE for information or use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials or content from or through the AGENCY SITE in whole or in part without the prior written permission of AGENCY. No User may view, download, copy or print or otherwise access any information transmitted through or stored on the AGENCY SITE by another authorized User without the specific written permission of that User or AGENCY. In no event may you remove any copyright or other proprietary notices or legends on the AGENCY SITE.

PROHIBITED ACTIVITIES

No User shall engage in any illegal usage, abusive usage, unacceptable usage, and use of the AGENCY SITE to interfere with other Users enjoyment of the EDI or other services provided by or through the AGENCY SITE.

By way of example, but without limiting this definition, an illegal use may include (a) any use which may result in civil or criminal liability; (b) posting or transmitting harassing, threatening, defamatory, libelous, slanderous or scandalous, pornographic, profane or otherwise objectionable information of any kind; (c) infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others; (d) posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act; (e) attempting to hack root or user logins on another system, machine, or network; (f) collecting, posting or transmitting without authorization any health care or other information on employers or employees or other personal or business information without the authorized Users consent; or (g) otherwise violating or attempting activities that would violate the insurance or consumer protection laws of any state.

By way of example, but without limiting this definition, an abusive use may include (a) posting any information not directly related to the transmittal of insurance information to or the receipt of insurance information from AGENCY; (b) releasing passwords or other access information related to the AGENCY SITE to an entity or person who is not an authorized User or failing to implement reasonable security procedures to update user passwords to prevent former employees or agents of an authorized User from improperly accessing the AGENCY SITE; (c) gathering or attempting to gather any information transmitted through the AGENCY SITE by any other User without that Users specific written authorization; or, (d) otherwise accessing or using the AGENCY SITE for any unauthorized purpose.

By way of example, but without limiting this definition, an unacceptable usage may include (a) posting or transmitting any information or software which contains a virus, worm, cancelbot or other harmful component; (b) impersonating another User or otherwise falsifying ones User name; or (c) without AGENCYs written permission monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the AGENCY SITE or breaching any security or authentication routines of a system or network; mailbombing, flooding, overloading, attacking or otherwise interfering with the AGENCY SITE.

UPDATING OF TERMS AND CONDITIONS

From time-to-time, AGENCY may update and/or revise this User Agreement or the AGENCY SITE. Any such updates and/or revisions shall be posted online. Continued use of the AGENCY SITE by Users shall indicate their acceptance of the updates and/or revisions. OWNERSHIP RIGHTS

All right, title and interest (including all copyrights, trademark rights, patent rights and other intellectual property rights) in and to the AGENCY SITE and all content appearing on the AGENCY SITE is proprietary and shall remain the sole property of AGENCY and its licensors, unless otherwise provided in the Producer Agreement.

All trademarks, service marks, logos, slogans and other proprietary marks appearing on the AGENCY SITE are the trademarks and exclusive property of AGENCY or the identified trademark owners. Nothing contained on this AGENCY SITE should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this site without the written permission of AGENCY or such third party that owns the trademark.

SYSTEM SECURITY/ACCESS CODES

Users will, at AGENCYs option, be issued a confidential User ID and password allowing such Users and their authorized representatives to utilize and/or access information and documents available on restricted areas of the AGENCY SITE. Each such User shall keep all personal access code strictly confidential. No device, software or routine to interfere or attempt to interfere with the property working of the AGENCY SITE or any information contained on the AGENCY SITE may be used. You shall promptly notify AGENCY of any known or suspected violation of these rules or threat to the AGENCY SITE system security.

WARRANTY OF USE

As a condition of your use of this AGENCY SITE, you warrant to AGENCY that you will not use or permit any of your authorized representatives to use any illegal, abusive or unacceptable usage, as defined above for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

INDEMNITY

You agree to indemnify and hold AGENCY, and its members, directors, 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 your use of the AGENCY SITE, your connection to the AGENCY SITE, your violation of these terms of service, your violation of any rights of another, or your violation of any laws or regulations governing the business of insurance.

MODIFICATIONS TO AGENCY SITE

AGENCY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the AGENCY SITE (or any part thereof) or any other content or services thereon, with or without notice. You agree that AGENCY shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

TERMINATION

You agree that AGENCY, in its sole discretion, may terminate a User password (or any part thereof), or use of the AGENCY SITE for any reason, including, without limitation, for lack of use or if AGENCY believes that you have violated or acted inconsistently with this User Agreement. You agree that any termination of your access to the AGENCY SITE under any provision of these terms may be effected without prior notice, and acknowledge and agree that AGENCY may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the AGENCY SITE. Further, you agree that AGENCY shall not be liable to you or any third party for any termination of your access to the AGENCY SITE.

LINKS

The AGENCY SITE may contain hypertext links to other World Wide Web sites or resources controlled by parties other than AGENCY, including but not limited to, AGENCY members. Because AGENCY has no control over such sites and resources, you acknowledge and agree that AGENCY 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 AGENCY 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, software or other services available on or through any such site or resource.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

AGENCY MAKES NO WARRANTY OR REPRESENTATION CONCERNING THE TIMELINESS, SUITABILITY, COMPLETENESS OR ACCURACY OF ANY OF THE SERVICES AND INFORMATION PROVIDED ON THIS SITE. PROPER USE OF THE SERVICES AND INFORMATION REQUIRES A THOROUGH UNDERSTANDING OF THE INSURANCE SYSTEM AND ALL LIMITATIONS INHERENT IN THE COMPILATION OF DATA AND SERVICES RELATED TO POLICIES, CLAIMS AND FINANCIAL DATA GENERATED BY THAT SYSTEM. ALL SERVICES AND INFORMATION DESCRIBED ON OR PROVIDED THROUGH THIS AGENCY SITE ARE PROVIDED BY AGENCY UTILIZING RESOURCES, WHICH AGENCY BELIEVES TO BE RELIABLE AND ACCURATE; HOWEVER, AGENCY DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE INFORMATION CONTAINED ON OR TRANSMITTED THROUGH THIS AGENCY SITE HAS BEEN PROPERLY REPORTED, DOCUMENTED OR UPDATED NOR IS THERE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION REFLECTS CHANGES IN APPLICABLE LAW.

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON THIS AGENCY SITE MAY INCLUDE INACCURACIES, OMISSIONS OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AGENCY AND/OR ITS SOURCES OF DATA OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS AGENCY SITE AT ANY TIME. INFORMATION RECEIVED VIA THIS AGENCY SITE SHOULD NOT BE RELIED UPON FOR FINANCIAL OR INSURANCE PRODUCT DECISIONS WITHOUT YOUR INDEPENDENT VERIFICATION, AND YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR NEEDS.

YOUR USE OF THE AGENCY SITE IS AT YOUR SOLE RISK. THE SERVICES, CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND OTHER SERVICES CONTAINED ON THIS AGENCY SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. AGENCY EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AGENCY SITE IS DONE AT YOUR OWN DISCRETION. 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.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AGENCY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES 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 AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS AGENCY SITE OR ANY OTHER HYPERLINKED WEB SITE.

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 MAY NOT APPLY TO YOU.

GENERAL

This agreement is governed by the laws of the State of Pennsylvania, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Westmoreland County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of this AGENCY SITE. Use of this AGENCY SITE is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AGENCY as a result of this agreement or use of this AGENCY SITE. AGENCYs performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AGENCYs right to comply with governmental, court and law enforcement requests or requirements relating to your use of this AGENCY SITE or information provided to or gathered by AGENCY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between you and AGENCY with respect to this AGENCY SITE and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AGENCY with respect to this AGENCY SITE, except as may be contained in the Producer Agreement between the User and AGENCY. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

HIPPA DISCLAIMER

The AGENCY SITE provides EDI and other services and content to Users. The provision of these materials and services is not intended to constitute or guarantee compliance with the Health Insurance Portability and Accountability Act (HIPPA). Each User is solely and individually responsible for complying with any requirements of HIPPA or related regulations issued by the Department of Health and Human Services.

PRIVACY POLICY

AGENCY will collect information from Users during the registration process. In addition AGENCY may track information regarding the usage of THE AGENCY SITE and other services provided through the AGENCY SITE and share that information for purposes of monitoring and enhancing the services offered by AGENCY, communicating with Users (both individually and collectively) or complying with state laws and regulations governing the operations of AGENCY members. This information will not be commercially sold by AGENCY to third parties.

The AGENCY SITE will be used, in part, to receive and transfer information via the EDI services from and to individual AGENCY members. The actions of those individual members are not subject to this Privacy Policy. AGENCY recommends that each User review and understand the Privacy Policy of each AGENCY member to whom information is being submitted.

AGENCY members are subject to the laws and regulations of the individual states in which they do business. Those state laws and regulations may mandate standards for the use of and access to this information, which differs from this Privacy Policy. To the extent the laws and regulations of any state conflict with this Privacy Policy, those laws and regulations shall control.