This website, www.DontTouchMIRates.com (the “Website”), is sponsored and paid for by American Property Casualty Insurers Association (“APCIA”, “we”, or “us”).  The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Terms of Use”), govern access to and use of the Website by Users and Registered Users (referred to collectively as “Users” herein) as those terms are defined in the following paragraph.

 Much of the content and services offered on or through this Website are available to Users and Registered Users, each defined as natural persons who are 18 years of age or older (“Eligibility Requirements”).  However, accessing certain features of the Website requires registration; thus, Eligibility Requirements for Registered Users are expanded to include completing the registration process by providing accurate, current, and complete registration information (“Expanded Eligibility Requirements”).  By using or registering to use this Website, you represent and warrant that you meet the Eligibility Requirements for Users or Expanded Eligibility Requirements for Registered Users, whichever is appropriate.

Please read the Terms of Use carefully before accessing the Website for the first time and before completing the registration process.  By accessing the Website as a User or by checking the box on the registration page when enrolling as a Registered User, you agree to be bound and to abide by both the Terms of Use and our Privacy Policy, which is incorporated herein by reference.  If you are unwilling to agree to the Terms of Use or the Privacy Policy or if you do not meet the Eligibility Requirements or Expanded Eligibility Requirements, you must not register or access this Website.

Changes to the Terms of Use

We may revise the Terms of Use from time to time in our sole discretion.  The date the Terms of Use was last revised is identified at the top of this document.  It is our practice to post a notice that the Terms of Use has been updated on the Website home page.  All changes are effective when we post them and they apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section below will not apply to disputes for which you and we have actual notice as of the date the change is posted.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to periodically check this page so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on or through the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, by Users, including Registered Users.

We may update the content on this Website from time to time.  Any of the material on the Website may be incomplete or out of date at any given time and we are under no obligation to update such material. 

You are responsible for making all arrangements necessary for you to access the Website.  To access certain features of the Website, you may be asked to register and provide registration details.  It is a condition of such access that the registration details you provide are correct, current, and complete.  You agree that all registration details you provide, including but not limited to through the use of any interactive features on the Website, are governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Account Security

If registration is required:  Your login information is part of our security procedures.  You must treat all information related to security, including your login information, as confidential and you must not disclose such information to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your login information or other security information.  You agree to notify us immediately of any unauthorized access to or use of your login information or any other breach of security of which you become aware.  You also agree to exit your account at the end of each session and to take care when accessing your account from a public or shared computer so that others are not able to view or record your login information or other security or personal information.

We have the right to disable your login information or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Use.

Intellectual Property Rights

The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by APCIA, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly present, republish, download, store or transmit any of the material on the Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

• You may store files that are automatically cached by your Web browser for display enhancement purposes;

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and

• You may download a single copy of any desktop, mobile, or other application we provide to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• You may download Website Infographics solely for your own personal, non-commercial use, specifically including posting or sharing

• Infographics on your personal social media account or page.

You must not:

• Modify copies of any materials from this site;

• Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text, without APCIA’s advance written consent;

• Delete or alter any copyright, servicemark, trademark, or other proprietary rights notices from copies of materials from this site; or

• Access or use for any commercial purposes any part of the Website or any services or materials available on or through the Website.

If you wish to make any use of material on the Website other than as set out in this section, please address your request to: Compliance@apci.org.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you and all rights not expressly granted are reserved by APCIA.  Any use of the Website not expressly permitted by the Terms of Use is a breach thereof and may violate copyright, trademark, and other laws.

Servicemarks

APCIA’s name, logo, and all related names, logos, product, and service names, designs, and slogans are servicemarks of APCIA or its affiliates or licensors.  You must not use such marks without APCIA’s prior written consent.  All other names, logos, product and service names, designs, and slogans on this Website are servicemarks or trademarks of their respective owners and the same prohibition against use applies.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with the Terms of Use.  You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

• To impersonate or attempt to impersonate APCIA, an APCIA employee, another user, or any other person or entity (including without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or

• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm APCIA, its members, Users, or Registered Users of the Website, or expose any of them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website;

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without APCIA’s prior written consent;

• Use any device, software or routine that interferes with the proper functioning of the Website;

• Willfully introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

• Otherwise attempt to interfere with the proper functioning of the Website.

Reliance on Website Information

THE INFORMATION ACCESSED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES.  WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION ACCESSED ON OR THROUGH THE WEBSITE.  ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR FROM ANY USE TO WHICH YOU OR ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS MAY PUT SUCH INFORMATION.

Third Party Disclaimer

At certain places in this Website, you may find content provided by third parties or “live links” to the internet addresses of third parties, either of which allow you to access other information, resources, or websites that have been created, published, or otherwise posted by third parties independent of APCIA (“Third Party Materials”).  APCIA has no control over such Third Party Materials and accepts no responsibility for them or for any loss or damage that may arise from your use of them.  All statements and/opinions expressed in Third-Party Materials are solely the opinions and responsibility of the third party providing them and not of APCIA.  APCIA does not endorse, approve, or certify the content of Third Party Materials.  If you decide to access any third party website from a link on this Website or to otherwise access content prepared by third parties, you do so entirely at your own risk and subject to the terms and conditions of use of such third party.

Information about You and Your Visits to the Website

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

Linking to the Website

With APCIA’s express written consent, you may link to the Website, provided you do so in a way that is fair and legal and does not damage APCIA’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  If APCIA grants such consent, then you must not:

• Establish a link from any website that is not owned by you;

• Cause the Website or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking on any other site;

• Link to any part of the Website other than the homepage; or

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of the Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.

Geographic Restrictions

APCIA, the owner of the Website is headquartered in Cook County, State of Illinois, in the United States.  We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that APCIA cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, SERVICES, AND ITEMS OBTAINED THROUGH IT IS VOLUNTARY AND AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, SERVICES, AND ITEMS OBTAINED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  NEITHER APCIA NOR ANY PERSON ASSOCIATED WITH APCIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT AVAILABLE ON OR THROUGH IT.  WITHOUT LIMITING THE FOREGOING, NEITHER APCIA NOR ANYONE ASSOCIATED WITH APCIA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, SERVICES, OR ITEMS OBTAINED THROUGH IT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL APCIA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR PROPERTY LOSS AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless APCIA, its affiliates, licensors and service providers, its members, and, respectively, its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use or your use of the Website (including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in the Terms of Use) or your use of any information obtained from or through the Website.

Governing Law and Jurisdiction

All matters relating to the Website and the Terms of Use and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. 

Any legal suit, action, or proceeding arising out of or related to the Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and County of Cook.  You waive any and all objections to the exercise of jurisdiction over you or to venue by and in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by APCIA of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of APCIA to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary for the remaining provisions of the Terms of Use to continue in full force and effect.

No Assignment

You acknowledge that your account is personal to you and, as such, your account is not assignable by you to any other person or entity.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and APCIA with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) with respect to the Website.

Your Comments and Concerns

This Website is owned and operated by American Property Casualty Insurers Association, 8700 West Bryn Mawr Avenue, Suite 1200S, Chicago, Illinois 60631-3512.

All notices and claims of copyright infringement or complaints of any other kind should be sent to: Compliance@apci.org or to Compliance, Attn:  VOAI-19 Compliance, 8700 West Bryn Mawr Ave., Ste. 1200S, Chicago, Illinois 60631-3512. 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be submitted using the contact page.