Terms of Service

The following are the terms and conditions for use of the MyBrokerLink.com service and other services which may be offered from time to time by Medical Mutual of Ohio for use with your MyBrokerLink.com ID (each feature individually and collectively referred to as the "Service"). Please read them carefully. This Service is provided to individuals who are active policyholders or have parental permission to open and maintain an account. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. If the terms and conditions of this notice are in conflict with the terms and conditions of any Agreement you have with Medical Mutual of Ohio the written Agreement will supersede this Agreement.

1. BROKER ACCOUNT, PASSWORD, AND SECURITY

To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify Medical Mutual of Ohio immediately of any unauthorized use of your account or any other breach of security.

2. BROKER PRIVACY

It is Medical Mutual of Ohio's policy to respect the privacy of its brokers. Medical Mutual of Ohio reserves the right to monitor your use of this service to insure confidentiality of information but will not sell or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Medical Mutual of Ohio has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Medical Mutual of Ohio; (3) enforce the TOS; or (4) act to protect the interests of its brokers or others.

You agree that Medical Mutual of Ohio may access your account, including its contents, as stated above or to respond to service or technical issues.

3. BROKER CONDUCT

As a condition of your use of the Service, you warrant to Medical Mutual of Ohio that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices or terms of any signed Agreement you have entered into with Medical Mutual of Ohio.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.

Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.

Interfere with another broker's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.

4. LINKS TO THIRD PARTY SITES

THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF Medical Mutual of Ohio AND Medical Mutual of Ohio IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Medical Mutual of Ohio IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Medical Mutual of Ohio IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Medical Mutual of Ohio OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

5. DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Medical Mutual of Ohio and/or its respective suppliers may make improvements and/or changes in the Service at any time.

Medical Mutual of Ohio does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Medical Mutual of Ohio does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that Medical Mutual of Ohio shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Medical Mutual of Ohio is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Medical Mutual of Ohio is not responsible for any content sent using and/or included in the Service by any third party.

Medical Mutual of Ohio AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Medical Mutual of Ohio AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL Medical Mutual of Ohio AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Medical Mutual of Ohio OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

6. INDEMNIFICATION

You agree to indemnify and hold Medical Mutual of Ohio, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

7. TERMINATION

Medical Mutual of Ohio may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

Medical Mutual of Ohio may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by Medical Mutual of Ohio. Upon termination of the Service, your right to use the Service immediately ceases.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service.

8. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Medical Mutual of Ohio shall not be responsible or liable for any part of any such dealings or promotions.

9. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Medical Mutual of Ohio, or Medical Mutual of Ohio's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

10. MODIFICATIONS TO TERMS OF SERVICE, BROKER POLICIES

Medical Mutual of Ohio reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

11. GENERAL

This Agreement is governed by the laws of the State of Ohio and the United States of America. Use of the Service 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 Medical Mutual of Ohio as a result of this Agreement or use of the Service. Medical Mutual of Ohio's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Medical Mutual of Ohio's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Medical Mutual of Ohio 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. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and Medical Mutual of Ohio with respect to the Service (excluding the use of any software which may be subject to an end-user license Agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Medical Mutual of Ohio with respect to the Service. 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. You and Medical Mutual of Ohio agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

12. LANGUAGE

It is the express will of the parties that this Agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

TRADEMARKS. Medical Mutual of Ohio, MSN, Hotmail and/or other Medical Mutual of Ohio products and services referenced herein are either trademarks or registered trademarks of Medical Mutual of Ohio. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.