Please
read carefully the following Legal Notice/User Agreement. You must agree in order to gain access to
this Site.
This agreement governs your visit or use of
this site, and includes disclaimers of liability and other matters of interest
to visitors or users of this site.
Within
this Legal Notice/User Agreement (“this Agreement”), “Assurant” means, individually, American Bankers Insurance Company of Florida
and any other affiliated or associated insurer.
I.
Web
Site Access
This
Web Site is limited to property management companies under contract with
American Bankers Insurance Company of Florida and any of its affiliated or
associated insurers with respect to resident’s or renter’s insurance, including
renter’s liability insurance. “You,”
“your” or” User” shall refer to the property management company and the
management level employee authorized to access this site on behalf of the
property management company. Only
property management companies with a valid and in-force user id, through their
authorized management level employees who are acting as such with the property
management company, may enter this Web Site. Any attempt by any other person to
access this Web Site is unauthorized and may result in legal action. You will be able to access information on
this site, only if the tenant in your managed properties has expressly
consented to your having access to such information.
The
User accepts responsibility for maintaining the confidentiality of the userid
and password. You must promptly notify Assurant if you suspect that either
your userid or password is suspected of being disclosed or is known to have
been disclosed to an unauthorized party. You should contact
Assurant at 1-800-852-2244, extension 34357. This is your designated contact with
Assurant.
User
also agrees to practice good faith in all transactions and will not knowingly
perform any activity, which would be detrimental to Assurant. Misrepresenting,
obscuring, suppressing, or replacing a User’s identity on any Assurant electronic
communications system is forbidden.
If
information is accessed accidentally on this Web Site which is not intended for
the User’s utilization, any dissemination, distribution, or copying of such
information is prohibited. In addition, if f any information is accidentally
accessed on this Web Site or received by the User in error, User will immediately
destroy such information and notify Assurant.
User
shall not share User’s userid or password with any person. If User leaves the
employment of the property management company, User should promptly notify
Assurant and User may not utilize the userid and password.
User should use User’s userid and password only where the browser being used by
User indicates that an encrypted or secure connection has been established. It
is User’s obligation to secure and maintain the security of User’s userid,
password, and computer at all times.
User shall ensure that User’s computer is free of any spyware that can
view or access the information viewed by User on this Web Site, before and
after User inputs User’s id or password.
User agrees to maintain security controls on all of User’s computers
from which this site can be accessed so as to preclude viewing or access by
unauthorized persons. User may only
utilize computers located within the commercial offices of the property
management company to access this site.
In addition, User's agrees to close the computer’s browser after log-off
to preclude data being stored in User’s browser.
Assurant,
at its sole discretion, retains the right to render any user
id or password non-operational.
User
agrees to comply with the Assurant Privacy Policy with
respect to all insured information appearing on this site.
Assurant
will not permit confidential information to be sent over the
Internet in readable form. Assurant uses encryption where
necessary to prevent sensitive data from being intercepted by unauthorized
sources.
Assurant
may utilize access control facilities, which provide special
logging and monitoring of User activity. Specific reports may be produced on a
regular basis and these reports are reviewed by unusual or unauthorized
activities performed by Users.
IV. Information Available on Web Site
Assurant
cannot guarantee the accuracy of the information displayed
on this Web Site. Should you encounter
any information that is erroneous on this Web Site, please
contact customer service at 1-800-432-8612.
ASSURANT
WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT
ACCOMPANY OR RESULT FROM ANY USE OF THIS WEB SITE. THESE INCLUDE, BUT ARE NOT
LIMITED TO, DAMAGES OR INJURY CAUSED BY ANY: (1) USE OF, OR INABILITY TO USE,
THIS WEB SITE; (2) FAILURE OF PERFORMANCE; (3) ERROR; (4) OMISSION; (5)
INTERRUPTION; (6) DEFECT; (7) DELAY IN OPERATION OR TRANSMISSION; (8) COMPUTER
VIRUS; OR (9) LINE FAILURE. ASSURANT IS NOT LIABLE FOR ANY CONSEQUENTIAL
OR INCIDENTAL DAMAGES WHICH ARE DAMAGES INTENDED TO COMPENSATE SOMEONE
DIRECTLY FOR A LOSS OR INJURY, OR OTHER MISCELLANEOUS DAMAGES AND
EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY. IN THE EVENT ASSURANT
MAY BE HELD LIABLE FOR ANY DAMAGES RELATIVE TO THIS WEB
SITE, SUCH DAMAGES WILL NOT BE GREATER THAN THE AMOUNT YOU HAVE PAID TO ACCESS
THIS WEB SITE. THE MATERIAL ON THIS WEB
SITE IS PROVIDED AS IS. ASSURANT DISCLAIMS ALL EXPRESS AND
IMPLIED WARRANTIES ABOUT THE MATERIAL IN THIS WEB SITE, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES THAT: (1) THE MATERIAL IS OF ANY PARTICULAR LEVEL OF
QUALITY OR IS FIT FOR A PARTICULAR PURPOSE; (2) THE FUNCTIONAL ELEMENTS
CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS
WILL BE CORRECTED; (4) THIS WEB SITE, OR THE SERVERS THAT MAKE THIS WEB SITE
AVAILABLE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR
CONDITIONS; OR (5) INFORMATION CONTAINED IN THIS WEB SITE IS ACCURATE AS OF ANY
PARTICULAR DATE. INFORMATION ON THIS WEB SITE MAY BE MODIFIED AT ANY TIME
WITHOUT NOTICE.
This site uses
one or more “cookies.” A cookie is a
small file that is stored on your hard drive.
The User is free to decline a cookie if the User’s browser has been set to
prompt or decline cookies. It is possible that if You decline a cookie, You may
not be able to use the Site information and functions successfully.
Assurant
may have specific policy statements relating to the
applications being accessed by a User. It is the User’s responsibility to
access, read, and agree to any such application policy statement. This
Agreement works in conjunction with any such policy statements. In the event of
any conflict in terms between the application policy statement (if any) and
this Agreement, the terms of this Agreement shall control.
This
Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, without giving effect to any principles of conflicts of
laws.
If
any provision of this Agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any remaining
provisions.
Revisions to this Agreement may be made at any time. It is necessary for the User to periodically review this Agreement for any changes. Assurant is not responsible for notifying the User of any updates to this Agreement. It is implied that User agrees and accepts, and User hereby agrees and accepts,any amendments to this Agreement without prior notification of any updates to this Agreement. Upon entering this Web Site, User automatically agrees to any amendments.
Your access to and use of the Verifyins.com Database (“Insurance Confirmation Database”) is subject to the terms of the agreement below (“Agreement”). If you have read and agree with the terms of the Agreement, click on “I Agree” below and you will be provided access to the Verifyins.com Database. If you have read and do not agree with the terms of the Agreement, click on “I Do Not Agree” below and you will not be provided access to the Verifyins.com Database.
1. Representations.
A. The parties to this Agreement engage in a business relationship that has been memorialized in certain contract(s) (the “Contract”) executed by both parties. The Contract may involve the exchange of confidential and/or proprietary information.
B. The Gramm-Leach-Bliley Act of 1999 (Public Law 106-102, 113 Stat. 1138), as it may be amended from time to time (the “GLB Act”) and the regulations promulgated thereunder impose certain obligations on financial institutions with respect to the confidentiality and security of the customer data of such financial institutions.
C. The parties wish to enter into this Agreement to supplement the obligations of the parties set forth in the Contract in order to comply with the GLB Act and the regulations promulgated thereunder.
2. Confidential Information. “Confidential Information” of a party shall mean and include information about customer names and all other information related to customers, including without limitation any “nonpublic personal information” as defined under the GLB Act and regulations promulgated thereunder, which is unpublished, not available to the general public or trade, and which is maintained as confidential and proprietary information by the disclosing party for regulatory, customer relations, and/or competitive reasons.
3. Exceptions.
(a) Notwithstanding anything to the contrary herein, neither party shall have any obligation with respect to any Confidential Information of other party, or any portion thereof, which the receiving party can establish by competent proof (i) is lawfully obtained by the receiving party from a third party which has no obligation to maintain the information as confidential and which provides it to the receiving party without any obligation to maintain the information as proprietary or confidential; (ii) was known prior to its disclosure to the receiving party without any obligation to keep it confidential as evidence by tangible records kept by the receiving party in the ordinary course of its business; or (iii) is the subject of written agreement whereby the disclosing party consents to the use or disclosure of such Confidential Information.
(b) If a receiving party or any of its representative shall be under a legal obligation in any administrative or judicial circumstance to disclose any Confidential Information, the receiving party shall give the disclosing party prompt notice thereof so that the disclosing party may seek a protective order and/or waiver, if the receiving party or any such representative shall, in the opinion of its counsel, stand liable for contempt or suffer other censure or penalty for failure to disclose, disclosure pursuant to the order of such tribunal may be made by the receiving party or its representative without liability hereunder.
4. Disclosure and Protection of Confidential Information.
(a) Each party warrants the disclosure of Confidential Information to the other party is in accordance with applicable state and federal law and the party’s own stated privacy policies. Each party agrees not to use Confidential Information of the other party for any purpose other than the fulfillment of such party’s obligations to the other party under the Contract. All Confidential Information relating to a party shall be held in confidence by the other party to the same extent and in at least the same manner such party protects its own confidential or proprietary information. Neither party shall disclose, publish, release, transfer or otherwise make available Confidential Information of the other party in any form to, or for the use or benefit of, any person or entity without the other party’s consent. Each party shall, however, be permitted to disclose relevant aspects of the party’s Confidential Information to its officers, agents, subcontractors, and employees to the extent that such disclosure is reasonably necessary for the performance of its duties and obligations under the Contract and this Agreement provided such disclosure is not prohibited by the “GLB Act”, the regulations promulgated thereunder or other applicable law; provided, however, that such party shall take all reasonable measure to ensure that Confidential Information of the other party is not disclosed or duplicated in contravention of the provisions of the Contract and this Agreement by such officers, agents, subcontractors and employees. Each party further agrees promptly to advise the other party in writing of any misappropriation, or unauthorized disclosure or use by any person of Confidential Information which may come to its attention and to take all steps reasonably requested by the other party to limit, stop or otherwise remedy such misappropriation, or unauthorized disclosure or use. If the GLB Act, the regulations promulgated thereunder or other applicable law now or hereafter in effect imposes a higher standard of confidentiality to the Confidential Information, such standard shall prevail over the provisions of this Section 3.
5. Term. This Agreement will become effective when User clicks on “I Agree” and will continue in effect thereafter for as long as a party continues to possess or control the Confidential Information furnished by the other party, and for so long as the Confidential Information remains unpublished, confidential and legally protectable as the intellectual property of the disclosing party, except as otherwise specified herein, the receiving party shall make no use of such Confidential Information whatsoever, notwithstanding the expiration of the Agreement. The parties acknowledge their understanding that the expiration of this Agreement shall not be deemed to give either party a right or license to use or disclose the Confidential Information of the other party.
6. Injunctive Relief. It is agreed that the unauthorized disclosure or use of any Confidential Information may cause immediate or irreparable injury to the party providing the Confidential Information, and that such party may not be adequately compensated for such injury in monetary damages. Each party therefore acknowledges and agrees that, in such event, the other party shall be entitled to seek any temporary or permanent injunctive relief necessary to prevent such unauthorized disclosure or use, or threat of disclosure or use, and consents to the jurisdiction of any federal or state court of competent jurisdiction sitting in Atlanta, Georgia for purposes of any suit hereunder and to service of process therein by certified or registered mail, return receipt requested.
7. Severability. In the event that any provisions, or any portion thereof, of this Agreement is determined by competent judicial, legislative or administrative authority to be prohibited by law, then such provisions or part thereof shall be ineffective only to the extent of such prohibition, without invalidating the remaining provisions of the Agreement.