TERMS OF USE

Effective Date: April 10, 2007

I. TERMS OF USE

THESE TERMS OF USE GOVERN YOUR USE OF THE MULTINATIONAL UNDERWRITERS, LLC’S (“MNU” OR “WE”) WEBSITE LOCATED AT MNUI.COM OR AT OTHER WEBSITES CONTROLLED BY MNU (THE “WEBSITE”). BY USING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE LEAVE THIS WEBSITE.

THESE TERMS OF USE ARE SUBJECT TO CHANGE BY MNU AT ANY TIME IN ITS REASONABLE DISCRETION. YOUR USE OR CONTINUED USE OF THE WEBSITE AFTER SUCH CHANGES TAKE EFFECT CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGES. YOU ARE ADVISED TO CONSULT THESE TERMS OF USE REGULARLY.

ACCESS TO THIS WEBSITE

To access the Website or some of its resources, you may be asked to provide certain personal details or other information. As a condition of your use of this website, all information that you provide on this website will be correct, current and complete; if we believe that it is not, MNU has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time.

In addition, certain other services of the Website, such as applying for coverage, may be governed by additional or different terms and conditions. You should carefully review those terms and conditions as they are presented to you.

PRIVACY

We treat any personally-identifying information that you submit to us through the website in accordance with our Privacy Policy that is available online at https://www.mnui.com/privacy.asp (“Privacy Policy”) and is incorporated into and made a part of these Terms of Use. The Privacy Policy is subject to change, and you are encouraged to review the Privacy Policy whenever you supply the Website with any information.

RESTRICTIONS ON USE

You may use this website for only for your internal purposes. You may not use this Website or any of the Content, defined below, contained on it for any other purpose, including any unpermitted commercial purpose, unless we provide our prior written consent to such use.

Uses requiring our prior written consent include the following, without limitation:

(1) co-branding this website;
(2) framing this website;
(3) using any robots, scrapers, data mining tools, or any similar device, tool, software, or process;
(4) hyper-linking to specific product or coverage information; or
(5) reselling or remarketing the Content, as defined below.

“Co-branding” means displaying a name, logo, trademark or other means of attribution or identification of any party in a manner reasonably likely to give a user the impression that the other party has the right to display, publish or distribute this website or its content. You will cooperate fully with MNU in causing any unpermitted or unauthorized activity of yours or a third party authorized by you to cease immediately. To the extent that such unpermitted or unauthorized use continues after notice from MNU, you agree to pay or reimburse MNU for any and all costs associated with ending or terminating such use.

PROPRIETARY INFORMATION

The material and content accessible from this website and any other website that MNU owns, operates, licenses or controls (the “Content”) is the proprietary information of MNU or the party that provided the Content to us, and MNU or such party retains all right, title and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of MNU, except that you may print out a copy of the Content solely for your own personal use. In doing so, you may not remove or alter, or cause the removal or alteration of, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content, except as expressly provided herein, may violate MNU’s intellectual property rights or those of the party providing Content to MNU. Neither title nor intellectual property rights in the Content are transferred or licensed to you by this agreement or your access of this website.

Certain information provided to you by MNU through non-public portions of the website may be confidential or trade secret information. You may use or disclose such information only to the extent necessary for the purposes it was disclosed to you. When reasonable, you must return or destroy such information when you have fulfilled such purpose.

HYPER-LINKS

MNU may hyper-link from the Website to other websites that are not maintained by, or related to, MNU. Such hyper-links are provided as a service to you, and the other websites may not be officially sponsored by or affiliated with this Website or MNU. Such other websites are solely responsible for their content.

Access hyper-links at your own risk.

MNU MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT OF THIRD-PARTY WEBSITES. SUCH HYPER-LINKS ARE PROVIDED TO YOU “AS-IS” “WHERE IS,” AND MNU SPECIFICALLY DISCLAIMS ANY WARRANTIES WITH REGARD TO COMPLETENESS OR ACCURACY OF THESE HYPER-LINKS OR THE WEBSITES THAT ARE HYPER-LINKED TO THIS WEBSITE. THE INCLUSION OF ANY HYPER-LINK TO A THIRD-PARTY WEBSITE DOES NOT NECESSARILY IMPLY ENDORSEMENT BY MNU OF THAT WEBSITE.

SUBMISSIONS

In consideration for enjoying the use of this website, you hereby grant to MNU the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all stories, anecdotes, “Smiles,” content, remarks, suggestions, ideas, graphics, inventions, methods, process, algorithms or other information communicated to MNU through this Website (collectively, the “Submission”), and to incorporate any Submission into other works in any form, media or technology now known or later developed. MNU may use any Submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other additional consideration of any kind, and will not incur any liability as a result of any similarities to the Submission that may appear in future MNU operations.

DISCLAIMER

MNU cannot and does not guarantee or warrant that any files available for downloading from the Internet are free of viruses, worms, Trojan horses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security, for accuracy of data input and output, and for maintaining a means external to this website for reconstructing lost data. MNU does not assume any responsibility or risk for your use of the Internet.

USE THIS WEBSITE AT YOUR OWN RISK. EXCEPT AS MAY BE EXPRESSLY STATED IN OTHER APPLICABLE TERMS AND CONDITIONS OR SIMILAR AGREEMENT, THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT OR RESULTS THEREOF IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE EXCEPT FOR THE PERSON AND/OR FOR THE USE INTENDED. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MNU, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information was posted on this website, and MNU does not undertake any obligation to update such information or to remove such information from this website, if it is not or is no longer accurate or complete.

LIMITATION ON LIABILITY

TO THE EXTENT PERMITTED BY LAW OR REGULATION, MNU, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THAT RELATES IN ANY WAY TO THE USE OF MNU’S WEBSITE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MNU AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO MNU FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

You will indemnify and hold MNU, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of the Content other than as expressly authorized herein, and any claim that your Submission violates a third party’s intellectual property or other rights, including the rights of publicity and privacy, or defames a third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content and this website.

TRADEMARKS

Trademarks, service marks and logos appearing in this website (collectively, the “Marks”) are the property of MNU or the party that provided us the Marks, and we or such party retain all rights with respect to such respective Marks. No rights in any Marks are granted to you by this agreement or your access of this website.

INFORMATION YOU PROVIDE

You may not post, send, submit, publish or transmit in connection with the Website any material that:

• you do not have the right to post, send, submit, publish or transmit, including any proprietary material of a third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic or indecent;
• does not pertain directly to the Website;
• threatens or abuses others; or libels, defames, invades privacy or stalks; or is racist, harassing, threatening or offensive;
• seeks to exploit or harm minors or older adults by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property right or other right of any entity or person, including violating anyone’s copyrights or trademarks, or their rights of privacy or publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person, or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners or soliciting goods or services, or any combination thereof) except as may be specifically authorized on this website;
• solicits funds, advertisers or sponsors;
• includes programs that contain viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications or any combination thereof;
• amounts to a “pyramid” or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or
• contains hyper-links to other websites that contain content that falls within any description set forth above.

MNU reserves the right to monitor use of this website in order to determine compliance with these Terms of Use, and reserves the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain responsible solely for the content of your Submissions. YOU ACKNOWLEDGE AND AGREE THAT NEITHER MNU NOR ANY THIRD PARTY THAT PROVIDES CONTENT TO MNU WILL ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION OR INACTION BY MNU OR SUCH THIRD PARTY WITH RESPECT TO ANY SUBMISSION OF YOURS.

SECURITY

Any passwords we provide for this website are for your individual use only. You will be responsible for the security of your password. Except where otherwise notified, MNU may rely upon the acts of any person or entity using your account information. MNU may monitor your password and, at our discretion, require you to change it. If you continue to use a password that MNU considers insecure, we will require you to change the password or will terminate your account.

You are prohibited from using this website or any related services or facilities to compromise security or to tamper with system resources, accounts or both. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you are involved in any violation of system security, MNU will release your details to system administrators at other websites in order to assist them in resolving security incidents. MNU reserves the right to investigate suspected violations of these Terms of Use.

MNU will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages or Submissions, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD MNU HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MNU DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS, OR BOTH, BY EITHER MNU OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS

These Terms of Use are governed and interpreted by the laws of Indiana, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Indiana in connection with any dispute between you and MNU arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use in the state and federal courts in Indianapolis, Indiana. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed deleted and will not affect the validity and enforceability of any remaining provisions. The waiver of a breach of any provision of this Agreement by a party will not operate or be construed as such party’s waiver of any other or subsequent breach. These Terms of Use constitute the entire agreement between you and MNU relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. MNU may revise these Terms of Use at any time by updating this posting.