Terms of Use Financial Services

Effective April 2, 2019

USAGE OVERVIEW

Please read these Terms of Use carefully before using the eSolutions/Assurant Expert Services website or any associated mobile application (the “Site”). If You (“You”, “Your” and “Yours”) do not agree with any part of these Terms of Use, You must not use the Site. Your continued use of the Site will constitute Your acceptance of these Terms of Use and you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including any future modifications to these Terms of Use (collectively, the “Agreement”). Please check this page regularly for updates. Assurant companies, subsidiaries, affiliates and agents reserve the right, at Our discretion, to change, modify, add, or remove portions of this Agreement at any time (collectively “Assurant”, “We”, “Our”, “Ours”, or “Us”). Your continued use after the posting of any modifications or changes constitutes your binding acceptance of such changes. For any material changes to this Agreement, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted.

By accessing and/or using the website, including accessing claims or benefit requests information, claim/benefit request submission/filing, claim/benefit request management, claim/benefit request inquiry, or performing any claims/benefit request activity whatsoever (collectively, “Services”), You agree to be bound by these Terms of Use of the Site without limitation or qualification. The products and/or services on the Site, are offered by Us. All of these companies operate under the trademark, “Assurant.”

PERMITTED USE

All of the content on the Site is made available only for Your personal, lawful, non-commercial use in connection with seeking insurance, extended service contracts and/or other products and services offered by Us as well as accessing claims or benefit request information, claim or benefit request submission/filing, claim or benefit request management, claim or benefit request inquiry, and performing any claims or benefit request activity. Use of the Site by a competitor company or other non-consumer third party is strictly prohibited.

The Site is available for individuals aged 18 years or older. The Site is not available to persons under the age of 18 or to any users suspended or removed from the Site by Us. You agree that the information you provide to Us upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. You are solely responsible for ensuring that your use of the Site is in compliance with all laws, rules and regulations applicable to you.

Except as expressly mandated by law, You may not, without Our prior written permission: (i) link from another website to the Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything You obtain or download from the Site; (iii) engage in systematic retrieval of data or other content from the Site; (iv) assign or transfer any rights granted by these Terms of Use; or (v) access, or attempt to access, the Site through any automated means (including use of scripts, crawlers, or similar technologies).

Our Products and Services 

The insurance and/or extended service contract products, third party benefit administration services and/or other services on the Site are offered by entities collectively referred to herein as “Assurant” including: American Bankers Management Company, Inc. located at 11222 Quail Roost Drive, Miami, FL 33157 and all subsidiaries, affiliates and agents (hereinafter referred to collectively as “Assurant”).

The information and material provided on the Site are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to the products and services offered by Us on this Site. All coverages are subject to the terms and conditions of the insurance policies, and/or other products and services offered by Us. Coverages and the terms and conditions of the insurance policies, extended service contracts and/or other applicable products and services offered by Us may vary by state and Your individual circumstances and additional minimum coverage limits may be required in Your state. The products and services offered on the Site are only available in the jurisdictions in which We are properly licensed, if so required.

THIRD-PARTY SITES AND DATA USAGE

We may provide links to other websites that are not under Our control and which We do not maintain, solely as a convenience to you. When You activate these links, You will leave the Site. We do not endorse or take responsibility for the content on third party websites or the availability of those websites and We are not liable for any loss or damage that You may suffer by using those websites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk. We do not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such third-party sites. You should read the terms of use and privacy policies on all third-party websites.

Some products or services may be made available on the Site by third-parties not affiliated with Us. You agree that if You use or install any product or service provided by a third party, You will seek redress from that third party if its product or service causes any loss or damage to You. We are not responsible for any product or service that is used or downloaded from a source other than Us. You further agree that any downloading, accessing, or using of third-party products or services is performed at Your own risk.

We may from time to time, and to assist You in the use, enabling and execution of the Service(s), share your data with third parties. We may collect Your data via the Site. Once shared, that data is subject to the Privacy Policy of the third party. Third parties may use Your data or derivative data. All third parties we contract with are assessed by Us to ensure they meet the same privacy and data protection standards that We use. You agree that any relationship or transaction with any third party, of any kind, are solely between You and the third party and You solely undertake any risk associated. We make no warranty regarding relationships and/or transactions between You and any third party.

AVAILABILITY OF SITE

While We have taken care in the preparation of the Site, and We use reasonable efforts to include accurate and current information on the Site, certain technical matters may be beyond Our control and We cannot guarantee that You will have uninterrupted or error free access to all of the Site at all times, that defects will be remedied, or that the Site, or the server that makes the Site available, are virus or bug free. Access may be suspended occasionally or restricted to allow for repair or maintenance or for the introduction of new services. You agree that We may stop (permanently or temporarily) providing the Site (or any features within the Site) to You anytime for any breach of these Terms of Use, or at Our sole discretion, without prior notice to You. You acknowledge that We may, at any time and in Our sole discretion, change the requirements (type of Internet access, hardware, software) to use the Site, and any products and services available on the Site.

ELECTRONIC COMMUNICATIONS

You agree and affirmatively consent that all Communications between You and Us will be conducted electronically. “Communications” means all notices, surveys, questionnaires, reports, documents, disclosures or other information that We are required to provide to You by law, or as reasonably necessary to provide the Service. Communications also means any marketing offers We may send through any of the methods identified below or any other electronic medium allowed by law. Your consent does not automatically expire and is not limited as to duration. We may provide Communications to You by one or more of the following methods: (1) via e-mail; (2) on the Site; (3) via text message or mobile message service; or (4) any other method to the extent permissible by law. With respect to text message and mobile messaging service communications, your carrier may charge you a fee for receiving the message.

You may withdraw Your consent to receive marketing Communications electronically by calling Us at 1-800-859-0568; writing to Us at FSO Claims and Activations Dept., P.O. Box 977122, Miami, FL 33197-7122; or by emailing Us at FSOBenefitsAdministration@assurant.com. You agree to allow Us a reasonable amount of time to process your request. You may request a paper copy of any Communication by calling Us at 1-800-859-0568. We may charge You a reasonable service fee for a paper copy. If you cannot access Your Communications, You must immediately notify Us so We can help identify the issue or arrange to have the Communications delivered via alternative means.

It is Your responsibility to provide Us with accurate contact information, including but not limited to a valid e-mail address. You must promptly advise us of any changes in your contact information. You can update Your contact information through the Site.

COPYRIGHT AND TRADEMARKS

The content, text, visual interfaces, information, graphics, design, compilation, software (including, but not limited to the Site), and all other elements of the Service (collectively “Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. We and/or Our licensors retain all right, titles, and interest to all material provided on this Site. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. The trademarks, logos, names, copyrights, trademarks, and service marks (the “Marks”) displayed on this Site are Our property or are used with permission of the copyright owner. Users are prohibited from using any Mark for any purpose without Our express written permission.

The posting of information and material on this Site does not constitute a waiver by Us or any of Our licensors of any rights in such material and does not transfer any rights to any User of this Site. Unless otherwise agreed in writing, nothing on the Site shall be deemed to confer on any person any license or right to use any such image, logo, name, trademark or any other intellectual property and any such use will constitute an infringement of the rights of the holder.

Except as expressly authorized by Us in the End User License section below, you agree not to sell, license, copy, modify, alter, reverse engineer, disassemble, decompile, translate, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content. You agree not to disclose, publicly perform or display, transmit, publish, distribute or provide the Content to any other party.

Note that Assurant may not own a copyright to material displayed on a third-party site that our Site links to. You must always seek permission from a site owner before copying any content from them.

PRIVACY AND PASSWORDS

We value and protect the privacy of Your information. Through Your use of the Site You agree that any information or data that We collect from You when using our Site, including cookie files, will be dealt with in accordance with Our Online Privacy Policy. We may change our Online Privacy Policy from time to time, without notice to You. Please review Our Online Privacy Policy regularly for any changes or updates, to which You are bound by continued use of the Site or Services.

Some portions of the Site may be protected and require a user identification code (“User ID”) and password for access including an SMS code for authentication. You understand and agree that data and/or text messaging rates may apply, and You are fully responsible for charges incurred, if any. Unauthorized access or use of such portions of the Site is prohibited. To obtain access to certain online services, You are given the opportunity to register with Us. You are responsible for maintaining the confidentiality of Your details and Your password and for restricting access to Your computer to prevent unauthorized access to Your account. You accept responsibility for activities that occur under Your account and You should take all steps to ensure Your password is kept confidential. You agree to inform Us immediately if You have reason to believe Your password is being used in an unauthorized manner. For Your protection, if We believe that any unauthorized access may occur or has occurred, We may terminate such access without prior notice to You. You also agree that We are permitted to act upon any instructions received using Your User ID and password and to consider such instructions as authorized by You.

You must not use the Site in any way that causes or is likely to cause access to be interrupted or impaired in any way and You acknowledge and agree that You are responsible for electronic communications sent from Your computer.

When you register as a member, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times and follow industry best practices for protecting your account.

YOU MUST NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL. YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.

We reserve the right to suspend your account and/or require you to alter your password if We believe for any reason that your password is no longer secure, or any unauthorized access may occur or has occurred.

USER SUBMISSIONS

The Services may allow the submission of content and materials (such as pictures, invoices, estimates, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions in connection with and furtherance of claims/benefit request activity. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Us to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement; and (iii) you agree not to make any User Submissions that (x) are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (y) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of Us or Our business associates; or (z) includes personal or identifying information about another person without that person's explicit consent. For clarity, you shall retain all of your ownership rights in your User Submissions.

By submitting a User Submission, you hereby grant Us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission in connection with the Service and Our (and Our successors’ and assigns’) businesses, including, without limitation, for claims/benefit request adjudication, claims/benefit request activity, claims/benefit request management, internal optimization, rate setting, marketing or promotional purposes, in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account, the Service, or your use of the Service. To the extent any User Submission you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same.

You represent and warrant that you have all rights to grant such licenses to Us without infringement or violation of any third-party rights including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting a User Submission through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from Our alteration of the User Submission or any photograph(s), footage, illustrations, statements or other work contained in the User Submission.

We assume no responsibility whatsoever in connection with or arising from User Submissions. We assume no responsibility for actively monitoring User Submissions for inappropriate content. If at any time We choose, in Our sole discretion, to monitor User Submissions, We nonetheless assume no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, We do not endorse and have no control over the content of User Submissions submitted by other Users. We make no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, We reserve the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

We reserve the right, but have no obligation, to have Our systems monitor any user's registration or Submission. Accordingly, We also reserve the right to disable any user's use of or access to the Services, for any reason and without any notice unless otherwise prohibited by law.

USAGE RULES AND PROHIBITED CONDUCT

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

1. use the Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others;
2. use the Service if you are under the age of 18 years old;
3. use the Service for any commercial or non-private use without Our written consent, it being understood that the Service is intended for individual, non-commercial use only;
4. use the Service for any illegal purpose, or in violation of any local, state national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;
5. include offensive or pornographic materials in any transmission by or through the Services;
6. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
7. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
8. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
9. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of other Users;
10. share passwords or access to your mobile device or Site while the Services are running and/or accessible with any third party or encourage any other user to do so;
11. misrepresent the source, identity or content of information transmitted via the Services;
12. remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the Service, digital rights management technologies that are integrated in the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service;
13. intentionally interfere with or damage operation of the Service or any user's enjoyment of the Service, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
14. attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
15. use any robot, spider, scraper or other automated means to access the Service for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Service or modify the Service in any manner or form, nor to use modified versions of the Service, including without limitation for the purpose of obtaining unauthorized access to the Service; or
16. sell or transfer or allow another person to access your account password, profile, or account.

INDEMNIFICATION AND DISCLAIMER OF WARRANTIES

To the extent permitted by law, You agree to defend, hold harmless and indemnify Us, Our affiliates and licensors and their respective directors, officers, employees, agents and their successors (“Covered Entities and Persons”), from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages (actual and consequential), costs and expenses (including legal and other professional fees) arising out of or accruing from Your use of the Site, any third-party site, or Your violation of these Terms of Use or Agreement or any other actions connected with your use of the Service (including all actions taken under your account).

In the event of such claim, We will provide notice of the claim, suit or action to the contact information We have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE AND/OR SITE IS AT YOUR SOLE RISK. THE SERVICE AND/OR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

(b) WE DO NOT WARRANT THAT (i) THE SERVICE AND/OR SITE WILL MEET ALL OR ANY OF YOUR REQUIREMENTS; (ii) THE SERVICE AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY DEFECTS OR ERRORS IN THE SERVICE AND/OR SITE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMART PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE AND/OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

If You are in a state that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to You.

LIMITATION OF LIABILITY AND DAMAGES

We shall not be liable for any Third-party site, materials on any Third-party site or the inability to use any Third-party site; any defect, omission, error, interruption, delay, or computer virus; or the unauthorized alteration of or access to Your transmissions or personal data.

You agree that Our total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount You have paid to access the Site or Service.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COVERED ENTITIES AND PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE(S), SITE OR APP; (2) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (5) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; (6) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE(S); OR (7) ANY OTHER MATTER RELATING TO THE SERVICE(S) OR SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, INJURY OR CLAIM, FORSEEABLE OR OTHERWISE, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SITE OR ANY INFORMATION CONTAINED THEREIN WHETHER SUCH ACTION IS BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE COVERED ENTITIES AND PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE(S) AND/OR SITE, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICE(S) AND/OR SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, YOU AGREE IN ANY EVENT THAT ASSURANT’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES INJURIES, OR CLAIMS OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR USE OF THE SITE AND/OR SERVICE, IF ANY.

VIOLATIONS AND TERMINATIONS

You agree that We, in the good faith belief that You have violated any of the terms of this Agreement, may terminate any account or subscription (or any part thereof) for the Service and/or Site and remove and discard all or any part of Your account at any time. You agree that any termination of Your access to the Service or any portion thereof may be impacted without prior notice, and You agree that We will not be liable to you or any third- party for any such termination nor obligated to reimburse you for payments made to Us (if any). These remedies are in addition to any other remedies We may have at law or in equity.

END-USER LICENSES AGREEMENT

1. License Grant. We hereby grant You a non-exclusive, non-transferable, revocable license to (i) access the Site using the account issued to You and (ii) copy and use in connection with Your personal use of the Service and/or Site, the content therein.
2. Restrictions. You may not:

   a. modify, disassemble, decompile or reverse engineer the Site, except to the extent that such restriction is expressly prohibited by law;

   b. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the content to any third-party;

   c. make any copies of the content for non-personal use;

   d. remove, circumvent, disable, damage or otherwise interfere with security- related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site;

   e. delete the copyright and other proprietary rights notices on the content;

   f. take any action that imposes or may impose (as determined by Us in Our sole discretion) an unreasonable or disproportionately large load on Our (or Our third-party providers’) infrastructure; or

   g. interfere or attempt to interfere with the proper working of the Service and/or Site or any activities conducted on the Service and/or Site.

3. Software Upgrades. You acknowledge that We may from time to time issue upgraded versions of the Site and that it may be necessary to use the most current version of the Site to use the Service.
4. Rights Reserved. The foregoing license grants under this Agreement are not a sale of the content or any copy thereof and We and Our third-party licensors retain all right, title, and interest in the Services and/or Site. Any attempt by You to transfer any of the rights, duties or obligations hereunder, is void. We reserve all rights not expressly granted under this Agreement.
5. Government End Users. If the Service or Site is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the content, including without limitation the Services and/or Site, by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
6. Export Control. The Services and/or Site may subject to United States export laws and regulations and may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, Services and/or Site may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App.

MONITORING OF TELEPHONE CALLS AND EMAILS

Telephone calls and email correspondence with Us as a result of Your access to the Site may be recorded for training, administrative and security purposes, and as otherwise permitted by law. By using such communication methods, You are consenting to such activities taking place.

EMAILS AND DATA PROTECTION

Please note that there is no guarantee that any e-mail sent to this site will be received by Us or that the message will remain confidential while being transmitted. Your email address and the content of Your email may be shared with, or disclosed, to third parties, who are necessary to address the content of Your email, and as otherwise permitted by law. We may retain the content of the form or email, the email address and Our response. This enables Us to retain an audit trail of Our contact and provide You with the product, service or information You may have requested.

SEVERABILITY

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service and Terms of Use as incorporated herein and collectively referred to as “Terms” is invalid, then that provision will be given no effect for the limited purpose of adjudicating the cause of action, without affecting the rest of these Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

JURISDICTION AND ENFORCEABILITY

Access to and use of this Site are subject to all applicable federal and state laws and regulations in the United States. Assurant reserve the right to seek any remedy available at law or in equity for any violations of these Terms of Use, including the right to block access from a particular internet address to this Site. You agree that if We do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which We have the benefit of under any applicable law), this will not be taken to be a formal waiver of Our rights and that those rights or remedies will still be available to Us.

These Terms of Service and Terms of Use and Your relationship with Us under these Terms shall be governed by the laws of the State of Florida without regard to its conflict of laws provision. You and We agree to submit to the exclusive jurisdiction of the United States District Court for the Southern District of Florida and the state courts located within Miami-Dade County, Florida to resolve any legal matter arising from these Terms. Notwithstanding this, You agree that We shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

ENTIRE AGREEMENT

These Terms of Service and Terms of Use state the entire agreement with regard to the items discussed above including use of the Services and/or Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us with respect to the forgoing. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control including, without limitation, mechanical, electronic or communications failure or degradation.

This Agreement is personal to You, and is not assignable, transferable or sublicensable by You except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without Your consent.

Our failure to enforce any part of this Agreement shall not constitute a waiver of Our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future. In order for any waiver of compliance with this Agreement to be binding, We must provide you with written notice of such waiver through one of Our authorized representatives.

DISPUTE RESOLUTION; ARBITRATION

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Read the following arbitration provision carefully. It limits certain rights, including your right to obtain relief or damages through court action.

Governing Law. This Agreement shall be construed, interpreted and performed exclusively according to the laws of the State of Florida, United States of America, without giving effect to any principles of conflicts of law.

Waivers. Both You and We hereby expressly waive trial by jury. Both You and We waive the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both You and We waive the right to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else.

Arbitration of Disputes. Unless you opt-out specifically as set forth in this Section, you agree that all disputes between You and Us (whether or not such dispute involves a third party) with regard to this Agreement or Your use of the Service or Site will be resolved by binding, individual arbitration, except for disputes relating to the infringement of Your or Our intellectual property (such as trademarks, trade dress, copyright and patents) or where We are seeking a preliminary injunction (“Excluded Disputes”). To begin Arbitration, either You or We must make a written demand to the other party for arbitration. The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Consumer Arbitration Rules (“Consumer Rules”) of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of the AAA's Consumer Rules by contacting AAA at 1633 Broadway, 10th Floor, New York, NY 10019, calling (800) 778-7879 or visiting www.adr.org. Unless You and We agree, the arbitration will take place in the county and state (or equivalent political subdivision) where you live. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. YOU AGREE AND UNDERSTAND THAT this arbitration provision means that you give up Your right to go to court on any claim covered by this provision. You also agree that any arbitration proceeding will only consider Your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your claims. In the event this Arbitration provision is stricken, severed, or otherwise deemed unenforceable by a court of competent jurisdiction, You and We specifically agree to waive and forever give up the right to a trial by jury. Instead, in the event any litigation arises between You and Us, any such lawsuit will be tried before a judge, and a jury will not be impaneled or struck. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.

Opt-Out of Arbitration. If You do not wish to have any dispute between You and Us arbitrated, You must notify Us in writing within thirty (30) days of the date that You first became subject to this arbitration clause. You may provide such notice by postal mail at the following address: FSO Claims and Activations Dept., P.O. Box 977122, Miami, FL 33197-7122. Your opt-out notification to Us must include (1) your name, (2) your postal address, (3) your e-mail address, and (4) a clear statement that You do not wish to resolve disputes with Us regarding the Service or Site through arbitration. Please note that opting out of arbitration will not affect any other agreements or waivers made in this Section.

Venue. If You have not validly opted out of arbitration, You expressly agree that any action at law or in equity relating to the arbitration provision of this Agreement or the Excluded Disputes will be filed only in the state or federal courts sitting in Miami-Dade County, Florida, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and to extra-territorial service of process. If You have validly opted out of arbitration, You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to this Agreement or the Services shall be filed only in the federal or state courts sitting in Miami-Dade County, Florida, and You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to this Agreement or the Services, and to extra-territorial service of process.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

It is Our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. We will promptly terminate without notice the accounts of Users that are determined by Us to be "repeat infringers." A repeat infringer is a User who has been notified by Us of infringing activity violations more than twice and/or who has had a User Submission removed from the Service and/or Site more than twice.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on or through the Site and/or Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Our Designated Copyright Agent with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Service and/or Site are covered by a single notification, a representative list of such works on the applicable Service and/or Site;
3. 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;
4. Information reasonably sufficient to permit 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;
5. 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
6. 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 (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

Our Designated Copyright Agent to receive notifications of claimed infringement can be reached at FSOBenefitsAdministration@assurant.com.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

BY USING THIS SERVICE AND/OR SITE, YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.

Please contact FSOBenefitsAdministration@assurant.com with any questions or comments. Our address is: FSO Claims and Activations Dept., P.O. Box 977122, Miami, FL 33197-7122.