Last Modified: January 27, 2020
The Websites or Applications are offered and available to users who are 18 years of age or older and reside in the United States, Canada, or any of their territories, provinces (other than the Canadian provinces and/or territories of British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, or Yukon), or possessions or 19 years of age or older if you reside in the Canadian provinces and/or territories of British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nanavut, or Yukon. By using Websites or Applications, you represent and warrant that you are of legal age to form a binding contract with FIMC and meet all of the foregoing eligibility requirements or, if you don’t meet these requirements, that your parent or guardian who meets the foregoing requirements has accepted it on your behalf and takes responsibility for your actions on our Websites and Applications. If you do not meet all of these requirements, you must not access or use the Websites or Applications.
3. License Grant to Application
Subject to the terms of this Agreement, FIMC grants you a limited, non-exclusive and nontransferable license to download, install and use the Applications for your personal use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Applications’ documentation.
4. License Restrictions
You must not:
- copy the Applications, except as expressly permitted by this license;
- modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Applications;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Applications, Websites, or any part thereof;
- remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Applications or any content available on or through the Websites or Applications, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Websites or Applications or any features or functionality of the Websites or Applications, to any third party for any reason, including by making the Applications available on a network where it is capable of being accessed by more than one device at any time; or
- remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Applications.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites or Applications, except as follows:
- Your computer or mobile device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser or the Applications for display enhancement purposes.
- You may print, download, screenshot, or otherwise save one copy of a reasonable number of pages of the Websites or screens of the Applications for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Websites or Applications.
- Delete or alter any notices or indications of copyright, trademark or other proprietary rights from copies of materials from the Websites or Applications.
5. Accessing the Websites or Applications and Account Security
We reserve the right to withdraw or amend the Websites or Applications, and any service or material we provide on the Websites or Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites or Applications is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites or Applications, or the entire Websites or Applications, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Websites or Applications.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person outside of your family with access to the Websites or Applications or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
6. Intellectual Property Rights
The Websites and Application and their entire 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 FIMC, 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 FIMC name, the Home and Auto name, the terms “Real Benefits for Real Life,” “Convert Transactions Into Relationships,” “Your Customers First,” the FIMC logo, the Home and Auto logo, and all related names, logos, product and service names, designs and slogans are trademarks of the FIMC or its affiliates or licensors. You must not use such marks without the prior written permission of FIMC. All other names, logos, product and service names, designs and slogans on these Websites or Applications are the trademarks of their respective owners.
- 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 FIMC, a FIMC employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites or Applications, or which, as determined by us, may harm FIMC or users of the Websites or Applications or expose them to liability.
Additionally, you agree not to:
- Use the Websites or Applications in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites or Applications, including their ability to engage in real time activities through the Websites or Applications.
- Use any robot, spider or other automatic device, process or means to access the Websites or Applications for any purpose, including monitoring or copying any of the material on the Websites or Applications.
- Use any manual process to monitor or copy any of the material on the Websites or Applications or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Websites or Applications.
- 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 Websites or Applications, the server on which the Websites or Applications are stored, or any server, computer or database connected to the Websites or Applications.
- Attack the Websites or Applications via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Websites or Applications.
9. Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites or Applications.
10. Reliance on Information Posted
If you are a non-member, the information presented on or through the Websites or Applications is made available solely for general information purposes. If you are a member, some of the information presented on or through the Websites or Applications are made available by your benefit vendor. We do not warrant the accuracy, completeness or usefulness of this information. 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 materials by you or any other visitor to the Websites or Applications, or by anyone who may be informed of any of its contents.
The Websites or Applications may include content provided by third parties, including materials provided by third-party licensors and/or benefit vendors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by FIMC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FIMC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Changes to the Websites or Application
We may update the content on the Websites or Applications from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites or Applications may be out of date at any given time, and we are under no obligation to update such material.
12. Information About You and Your Visits to the Websites or Application
13. Online Purchases and Other Terms and Conditions
14. Linking to the Websites or Applications and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our 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 without our express written consent.
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.
15. Links from the Websites or Application
If the Websites and Applications contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or applications linked to the Websites or Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or applications.
16. Geographic Restrictions
The owner of the Websites and Applications is based in the state of Florida in the United States. We provide the Websites and Applications for use only by persons located in the United States and Canada. We make no claims that the Websites or Applications or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Websites or Applications may not be legal by certain persons or in certain countries. If you access the Websites or Applications from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
17. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites or Applications 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 OR MOBILE DEVICES, COMPUTER PROGRAMS, APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR APPLICATIONS OR ANY SERVICES OBTAINED THROUGH THE WEBSITES OR APPLICATIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.
YOUR USE OF THE WEBSITES OR APPLICATIONS, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITES OR APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITES AND APPLICATIONS, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITES OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIMC NOR ANY PERSON ASSOCIATED WITH FIMC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES OR APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER FIMC NOR ANYONE ASSOCIATED WITH FIMC REPRESENTS OR WARRANTS THAT THE WEBSITES OR APPLICATIONS, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITES OR APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR APPLICATIONS OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR APPLICATIONS OR ANY SERVICES OBTAINED THROUGH THE WEBSITES OR APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FIMC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
IN NO EVENT WILL FIMC, 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 WEBSITES OR APPLICATIONS, ANY WEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT ON THE WEBSITES OR APPLICATIONS OR SUCH OTHER WEBSITES OR APPLICATIONS OR ANY SERVICES OBTAINED THROUGH THE WEBSITES OR APPLICATIONS OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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, 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.
20. Governing Law and Jurisdiction
You and FIMC Are agreeing to give up any rights to litigate CERTAIN claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR OR FIMC’S INTELLECTUAL PROPERTY RIGHTS, Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your ACCESS OR USE OF the Websites or ApplicationS, will be resolved exclusively and finally by binding arbitration.
By accessing or using our Website or our Applications, you unconditionally agree that all disputes arising out of, or related to, your access and use of our Website or our Applications will be resolved entirely through binding individual arbitration, rather than in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration laws apply to these Terms. The foregoing does not apply to any claims or disputes arising out of or related to the enforcement or validity of your or FIMC’s intellectual property rights.
If you seek arbitration or elect to file a small claim court action, you must first send FIMC, by certified mail, a written notice of your claim (a “Notice”) to our Legal Department in accordance with the Notice section below. If FIMC initiates the arbitration, it will send such Notice to you in accordance with the Notice section below. A Notice, whether sent by you or FIMC, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and FIMC do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FIMC may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
The arbitration will be administered by the Judicial Arbitration and Mediation Services (“JAMS”), https://www.jamsadr.com, 1-800-352-5267. You can contact JAMS to find out more information about how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by JAMS’ applicable rules. We will reimburse those fees for claims totaling less than $10,000. Likewise, FIMC will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States in the county where you live or at another mutually agreed location.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator issues you an award that is greater than the value of FIMC last written settlement offer made before an arbitrator was selected (or if FIMC did not make a settlement offer before an arbitrator was selected), then FIMC will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
You may download or copy of form Notice and a form to initiate arbitration at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. If you are required to pay a filing fee, after FIMC receives the notice at the address listed below that you have commenced arbitration, FIMC will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $75,000, in which event you will be responsible for the filing fees.
You agree to an arbitration on an individual basis. In any dispute, neither you nor FIMC will be entitled to join or consolidate claims by or against other USERS OF THE WEBSITE OR APPLICATIONS in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
22. Limitation on Time to File Claims
23. Waiver and Severability
24. Entire Agreement
25. Your Comments and Concerns
Our Websites and Applications are operated by FIMC 1440 Main Street, Sarasota, FL 34236.
All other feedback, comments, requests for technical support and other communications relating to the Websites or Applications should be directed to: Information@fimc.com.
You hereby consent to receive electronic communications at the phone number you have provided, including prerecorded or artificial voice message calls, fax messages, push notifications, text messages, and calls and/or messages made using an automatic telephone dialing system by or on behalf of FIMC. These communications may include informational messages as well as promotions, offers, and other marketing materials. This express consent applies to any phone numbers you provide now or in the future until you withdraw your consent. You confirm that any number you provide is your own. Message and data rates may apply. For help, text the word HELP in response to any text messages you receive. To stop receiving text messages, text the word STOP in reply to a text message you receive from us. We may confirm your request by text message. You understand that you are not required to consent to receiving telemarketing calls or text messages as a condition of receiving FIMC’s goods and services or for you to access and use the Websites or the Applications, however, if you decide to not receive text messages from us, you may not receive important and helpful information and reminders about your benefits.