1. General Information.
(a) When we refer to “we,” “us,” or “our,” we mean M&O Marketing Systems, Inc., a Michigan corporation, or the specific division, subsidiary, or affiliate that operates a site, provides its content, or processes information received through it, each as appropriate and applicable.
(d) We refer to the website(s) accessible through the domain(s) and all related websites as “sites” and to each of them as a “site.”
(e) We refer to each client management system or other system accessible through, or using, a site as a “system.” Unless otherwise stated, each provision with regard to one or more sites applies to any related system(s).
2. Agreement to be Bound.
3. Copyrights and Other Intellectual Property.
(a) This site is © 2005-2008 by us and we reserve all rights. You may inquire about rights to reproduce content from this site by e-mailing us using the technical support e-mail address below.
(b) ALL RIGHTS IN ALL MATERIALS POSTED ON SITES EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM ANY SITE WITHOUT OUR EXPRESS PERMISSION IN FOR FORM OF A RECORD SIGNED BY US.
4. DMCA Copyright Notifications.
(a) We do not knowingly permit anyone to post materials on a site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). If you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by any material on any site, you may notify us of claimed infringement by sending to us a notice containing the following elements.
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit the us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Our designated agent for receipt of such notices is:
M&O Marketing Systems, Inc.
4000 Town Center, 11th Floor
Southfield, Michigan 48075
5. System Use. We make available client management systems that can be of assistance in managing your cases, contracts, leads, and appointments, as well as the availability of conference calls and/or training opportunities, as well as other systems. The following provisions apply to the use of such systems. These provisions are in addition to, and not in lieu of, the provisions having to do generally with sites.
(a) Merely visiting a site does not entitle you to use any system. Availability of the system is entirely at our discretion and we may make such systems available only after direct communication with you by e-mail, telephone, or other means of communication and only if we expressly grant you access, such as by giving you a user name and password or by other means.
(b) We may have configured one or more systems to make available to you certain functions without having a user name or password. Such systems may include, but will not be limited to, obtaining underwriting guidelines, obtaining direct billing information for certain business lines, and accessing client data. Notwithstanding the foregoing, we do not undertake to respond to any electronic mail, submissions, or requests from you if you are not our client with a formally-established relationship.
(c) You must maintain in confidence the functions, features, and capabilities of each system and not disclose the same to any third party. You must make available each system only to such of your employees and/or agents as have an actual need to know about the system or its functions.
(d) Except as necessary to operate a system and store information that you enter into a system or that we collect as a direct result of your request (whether through operation of a system or otherwise), we claim no rights in any information about your clients that you provide to us. Without limiting the foregoing, we claim no rights in any nonpublic personal information (as that term is defined and used under the Gramm-Leach-Bliley Act and associated regulations) about your clients.
6. Our Function and Role.
(a) We offer backroom services, marketing, training and support functions, and act as a middleman between the independent insurance agents licensed to practice in their own states and about 50 top insurance companies. We are not an insurance company and we do not ourselves underwrite, issue, or otherwise provide insurance, nor do we undertake to find you an insurer or cause any person to provide insurance or buy insurance or any other financial or other product. We do not undertake to make any person compliant with any particular body of law. You must possess the appropriate licensure and otherwise comply with all applicable law.
(b) You will indemnify, defend, and hold harmless us and our equityholders, managers, directors, officers, employees, agents, and affiliates from and against all liability, damages, costs, and fees (including reasonable attorneys’ fees) associated in any way with any claim by any third party (including, but not limited to, your customers and/or clients) arising out of, or related to, any act or omission by you, including, but not limited to, any claim associated with your marketing, sale, administration, or other activity associated with any insurance, securities, investment, or other financial products.
7. Restrictions on Use. You may not, and may not allow any third party to:
(a) Copy any part of any site or system;
(b) Use any site or any system in a way that interferes with the use of the same by us or any third party;
(c) Use any site or any service to commit any tort or any violation of any civil or criminal law including, without limitation, sending unsolicited commercial communications of any kind, obtaining access to any computer system to which you do not have express rights of access, or conducting attacks of any kind on any third party’s computer or other system;
(d) Decompile, disassemble, decrypt, or reverse engineer any site or system or attempt to derive the source code for any part of any site or system;
(e) Encumber any right in any site or system in favor of a third party, whether by agreement, operation of law, or otherwise;
(f) Remove from the any site or system any product identification or proprietary rights notices;
(g) “Window” or otherwise display any site or system as part of any web page or other presentation that is not entirely controlled by us;
(h) “Scrape” or otherwise, in any automated or other process, take any data from any site or system for use in any other process, database, or third-party system;
(i) Sell, lease, lend, or sublicense any site or any system to any third party;
(j) Use any site or any system for timesharing or service bureau purposes; or
(k) Modify or create derivative works of any site or any system.
(a) With regard to any information or other materials that you post to a site or that you otherwise provide to us, you have all rights in such information and/or materials necessary to provide the same to us and permit us to perform all functions that we deem necessary or advisable in the provision of any site, and, where we agree to perform operations on, or initiate or accept transactions involving, the information or materials, use the information and materials in such ways;
(b) Where, and to the extent that, any of your activities require licensure or other compliance with any statute, regulation, or other rule of law, you possess such licenses and other authorizations as are required to carry on your activities;
(c) No use by you of any site and/or system will violate any statute, regulation, or other rule of law; and
(d) You are not relying upon us to perform any obligation or undertake any activity necessary to cause you to comply with any statute, regulation, or other rule of law.
10. Responsibility for Username, Password, and Acts/Omissions of Your Employees/Agents. You are responsible for the acts and/or omissions of your employees and/or agents who access any site and/or system. We may provide to you a username and a password to use in accessing one or more sites. Until you notify us otherwise and we have had a commercially reasonable time to respond to your notice, we may, and will, assume that every transaction entered into, every authorization received, and every act or omission undertaken using your username and password are fully authorized by you. Except to the extent that your password or account are compromised by our gross negligence or willful misconduct, you are entirely and absolutely responsible for all activity performed using your username and password. KEEP YOUR PASSWORD CONFIDENTIAL. DO NOT WRITE IT DOWN. CHANGE IT OFTEN. DO NOT USE COMMON WORDS OR NAMES OF PETS, FAMILY MEMBERS CELEBRITIES, OR OTHER WORDS THAT ARE EASILY GUESSED.
11. CAN-SPAM, Telephone Consumer Protection Act and Similar Law.
Your use of a site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
12. Disclaimers and Limitations of Liability.
(a) THE SITES, THE SYSTEM(S), AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM, ARE PROVIDED WITH ALL FAULTS, (INCLUDING, BUT NOT LIMITED TO, FAULTS THAT INVOLVE VIRUSES, MALICIOUS CODE, AND SIMILAR RISKS) AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE;
(b) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OR UNAVAILABILITY OF, ANY SITE OR ANY SERVICE RELATED THERETO;
(c) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(d) THESE LIMITATIONS APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE; and
(e) IF ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE UNENFORCEABLE FOR ANY REASON, OUR AGGREGATE LIABILITY WILL NEVERTHELESS BE LIMITED TO $100.
13. Links and Information Gathered by Others. One or more sites may contain links to other websites. We do not operate those websites and we cannot control the information that the operators of such websites gather or what the operators of such websites do with the information. We are therefore not responsible for the activities of the operators of such websites.
14. International Users. The site is controlled, operated and administered by us or our agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials at this site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing any site from any jurisdiction where such site’s contents are illegal is prohibited. You may not use the site or export the materials in violation of import or export laws and regulations. If you access a site from a location outside of the United States, you are responsible for compliance with all local laws.
16. Limitation of Actions. You must commence any suit or other action in connection with your use of any site within one year after events giving rise to the claim or cause of action occur.
19. Warning regarding Other Users of Sites. WE DO NOT INVESTIGATE OR VET ANY USERS OF ANY SITE. YOU SHOULD NOT ASSUME THAT ANY INFORMATION YOU RECEIVE THROUGH THIS SITE FROM ANY OTHER PERSON IS TRUE, ACCURATE, OR VERIFIED BY ANYONE. YOU USE THE SITES AT YOUR OWN RISK. WE ARE NOT, AND WILL NOT BE, LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF ANY INFORMATION PROVIDED BY OR THROUGH THIS SITE OR RESULTING FROM ANY ACT OR OMISSION OF ANY OTHER PERSON, WHETHER A USER OF A SITE OR OTHERWISE.
21. Data Preservation, Use, and Backup. We do not guarantee that we will make any site or any system available for any particular length of time or that we will maintain any data that you or we post to, or through, any site or system in any particular way or back up or otherwise maintain any data. You should maintain backup copies of all of your data independently from each site and system.
25. Changes to the Site. We may terminate, change, suspend, or discontinue any aspect of any site, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts or a site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the site and that are in your possession or control.
2. Information Ownership, Collection and Use.
(b) We will not sell, share, or rent this information to others in ways different from those disclosed in this policy.
(c) We may collect information from users at several different points on a site.
3. Child Online Privacy Protection Act (COPPA) Compliance and Related Information. The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personally identifiable information through the site. If you are under the age of 18 and have already provided personally identifiable information through the site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.
4. Ordering, Event Registration, and Related Processes. When and if you order products or services using a site or register for an event, we request information from you using an order form. When we already have information about you (such as through a previous order or registration, whether received through a site or otherwise), we may use such information to facilitate the order or registration process. When using an order form, you must provide contact information (such as name and shipping address) and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill your order. If we have trouble processing an order, we use this contact information to contact you.
5. Servicing. We may use any information that you post to a site for the purposes of offer backroom services, marketing, training and support functions, and act as a middle man between the independent insurance agents licensed to practice in their own states and about 50 top insurance companies.
(a) A cookie is a piece of data stored on the computer that runs an Internet browser. It can contain information about you, your computer, your browser, your session, the websites you visit, and other information about you or others who use, or have used, the computer or browser you use to access the Internet. The cookies we use, if any, are not linked to any personally identifiable information while using a site unless you have given us permission to link personally identifiable information to one or more cookies. You give us that permission any time you register on a site, place an order through a site, or identify yourself or the computer you are using through a site.
(b) Most or all browsers permit you to disable or reject cookies. You can do this by setting the preferences in the browser. Use the “help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you can use the sites, but you may not be able to use the full functionality of one or more of the sites or it may take additional time to utilize such functionality.
7. Log Files. We and/or our hosting provider may collect traffic information from visitors for statistical analysis and site improvement. When you accesses a site, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol address (“IP address”), browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. IP addresses and other log file information are not linked to personally identifiable information. We do not try to track users or to identify users individually except as otherwise stated in this policy, but we or our hosting provider do review this information to understand overall trends and to determine what kinds of content are popular and useful to users.
(a) Aggregated information. We or our hosting provider may share aggregated demographic information with our users, our affiliated organizations, and other organizations with which we do, or contemplate doing, business. Such information is aggregated and is not linked to any information that can identify individual users.
(b) Outsourcing providers. We may use outside shipping or other outsourcing providers to process and ship orders or perform other functions. We use commercially reasonable diligence to restrict the purposes for which these outsourcing providers may use your personally identifiable information. The requirements or requests that we impose on such outsourcing providers vary with the sensitivity of the information and can, but do not necessarily, include requirements that these outsourcing providers not retain, share, store, or use personally identifiable information for any secondary purposes, except for backup and recovery operations. Although we use good faith efforts to impose, and/or ensure compliance by our outsourcing providers, we cannot, and will not, be responsible to users for misuse of personally identifiable information by such outsourcing providers. This section is meant as a general description of our practices. It does not impose any duty upon us and it does not constitute a representation or warranty by us upon which you may rely.
(c) Specific services. We may have agreements with other parties to provide specific services. When you use such services, we may share personally identifiable information with such parties. In such cases, we will use good faith efforts to restrict the information provided to the information necessary for the provision of such services.
(d) General use. We share personally identifiable information (whether in return for compensation or otherwise) with various vendors, suppliers, and advertisers. While we use good faith efforts to verify that such vendors, suppliers, and advertisers promote products and services of interest to site users, we cannot, and do not, endorse such vendors, suppliers, advertisers, products or services unless we expressly state otherwise. We share only such information as you yourself provide to us or someone else provides about you (such as through a registration process) and do not share personally identifiable information derived indirectly through IP address tracing or similar means. If you wish us to refrain from providing your personally identifiable information in this manner, please see the opt-out information and contact information provided below.
(e) Exception: Client Information. The above provisions regarding “General use” do not apply to information about your clients that you provide to us, including, but not limited to, nonpublic personal information (as that term is defined and used under the Gramm-Leach-Bliley Act and associated regulations) about your clients.
9. Newsletter. If you wish to subscribe to a newsletter we offer or to a mailing list that we maintain, we will collect from you contact information necessary to send the newsletter or other information to you. This is usually limited to your e-mail address, but may include other information.
10. Surveys and Contests. From time to time, we may request information from you using surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice as to whether to disclose this information. Information requested may include contact information (such as name and address) and demographic information (such as zip code and type of user). We will use such contact information to notify winners and award prizes, and to monitor or improve the use of one or more sites and provide aggregated information for our own uses or to our customers or other organizations, and we may also use it to notify you of news about us or our affiliates or promotions of our products or services or the products or services of people with whom we do business.
11. Tell-A-Friend. We may offer a referral service that allows you to inform your friends and other acquaintances about content on the site or to forward information to them. If you elect to use such a referral service, we will collect the friend or acquaintance’s e-mail address and use it to send to the friend or acquaintance a one-time e-mail inviting the friend or acquaintance to visit one or more sites or providing the information you requested. We store this contact information for the sole purpose of sending the one-time e-mail. When you use such a service, you represent and warrant to us that you have an existing business or personal relationship with the friend or acquaintance sufficient to avoid liability under any law that applies to unsolicited e-mail. You will be the sender of any such e-mail and we will merely be a service provider facilitating your sending of the e-mail.
(a) Where we collect nonpublic personal information from you, we or one or more of our service providers use industry-standard encryption and security standards to protect such information. You can tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g. by displaying a lock, a key or another icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session.
(b) We also use commercially reasonable efforts to protect user information offline. All sensitive user information is maintained in our offices or at the facilities of our information technology provider(s). We cause access to servers and connections to be limited by key or other access. Only employees or agents who need the information to perform specific functions are granted access to personally identifiable information. We use reasonable efforts to assure that our employees and agents are informed of our security and privacy practices.
(c) We take on no obligations with regard to security or non-disclosure of nonpublic personal information other than those in the immediately-preceding subsection. We are not directly subject to, and we do not undertake to make you or anyone else compliant with. the Financial Modernization Act of 1999 (also known as the “Gramm-Leach-Bliley Act”) or any other rule of law related to the privacy or security of information.
13. Supplementation of Information. We sometimes supplement the information we receive from you with other information we receive from third party sources, such as credit card issuers or clearinghouses.
14. Special Offers. We may send to you a welcoming e-mail that may also verify password and user name information. We occasionally send newsletters or information about products, services, and special deals to users like you. You may opt to not receive such informational communications by using the contact information below.
15. Site and Service Updates. We may also send to you updates and service announcements about one or more of the sites. You may not un-subscribe or opt not to receive such announcements because such announcements contain important information about the services offered through the relevant site(s).
16. Misappropriation of Personal Information. For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, our information security policy provides that any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax, mail (including a notice printed in an available area of a bill or statement) or posting a notice on a site. The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION.
17. Correcting or Updating Personal Information. If your personal information changes, if you have reason to believe that your personal information as we maintain it is incorrect, or if you no longer desire service, you may contact us using the contact information below and we will accommodate all reasonable requests for such changes.
(a) Users who no longer wish to receive newsletters or promotional materials or have their information provided to third parties may opt to not receive such communications or have information shared by contacting us using the information below. We will comply with such requests as soon as is commercially practicable. Such compliance may involve batch processing and other processes that take 30 days or longer. If you opt not to receive such communications or allow us to share your information and then give your personal information to us again using a site or under other circumstances that permit us to use your information, we will regard your opt-out as rescinded.
(b) In most cases, it is impractical for use to stop any other party to whom we have supplied your information from continuing to use the information and opting out will usually not stop others to whom we have provided your information from continuing to use it.
(c) To change your preference with regard to the way your information is treated, please contact us using the following information.
M&O Marketing Systems, Inc.
4000 Town Center, 11th Floor
Southfield, Michigan 48075
19. Response Times. We will use commercially reasonable efforts to timely make any changes you request. Many such changes are accomplished using batch processing (i.e. collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective. If you require an immediate change to your personally identifiable information and are unable to make such a change using the available site resources, please contact us.
(d) BY USING A SITE, YOU AGREE TO THIS CHANGE PROCEDURE.
22. Contact Information.
M&O Marketing, Inc.
4000 Town Center, 11th Floor
Southfield, Michigan 48075
(b) If you (a) wish to begin or end receipt of newsletters or promotional information
(b) wish to update your user information, or (c) wish to opt in or out of any other service offered through the site, please contact our technical personnel using the following information. Please be sure to include your name and your user name (if applicable), but do not include any information regarding your password(s), if any.
M&O Marketing, Inc.
4000 Town Center, 11th Floor
Southfield, Michigan 48075