The following Terms and Conditions (the "Terms and Conditions") between you and American Platinum Property and Casualty Insurance Company and its affiliates (the "Company") govern your use of this website, americanplatinumpcic.com. By using this website in any way, you acknowledge that you have read and understood these Terms and Conditions, and you agree to be bound by these Terms and Conditions. You also agree to comply with all applicable laws and regulations, including United States patent, trademark, service mark and copyright laws. If you do not agree to these Terms and Conditions, please do not use this website. If you are using the website on behalf of a company or other organization, then you represent that you have the legal authority to bind such organization to these Terms and Conditions. If you are an agent of the Company, certain agent-specific terms and conditions may apply to you (including, without limitation, the agent agreement governing your relationship with the Company) and may supersede these Terms and Conditions.
Except as otherwise indicated in this website, all right, title and interest in the works of authorship and other content contained in this website, including but not limited to all design, text, and images, are owned, licensed, or controlled by the Company. All such content is protected by copyright, trademark and other forms of proprietary rights. You agree that you will not use any such content in any way that would be inconsistent with or in violation of such copyrights, trademarks and other proprietary rights.
System Requirements and Responsibility
To use this website, you must have a computer or other communication device equipped with a modem or other secure Internet access device. You are responsible for the selection, installation, maintenance, and operation of your computer, devices and software. The Company is not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with this website. The Company reserves the right to change the system requirements for using this website.
Using the Website
You agree that you will not use this website in any manner that could damage or overburden the website or any equipment or software of the Company. You must not post, transmit or otherwise make available any materials through or in connection with the website that may be illegal, damaging, or objectionable to the Company; or use the website in any manner that may be illegal, damaging, or objectionable to the Company. Prohibited materials include, without limitation: any computer code, file, or program that is or may be harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Prohibited activities include, without limitation:
- harvesting or collecting information about users of the website;
- obtaining, or attempting to obtain, access to any content, material or information on this website that is protected by passwords, personal identification numbers or other required login identification through any means not expressly authorized by the Company or that otherwise pertains to any person who has not authorized you to access or attempt to access the information;
- interfering with or disrupting the operation of the website or the servers or networks used to make the website available;
- exploiting any portion of (or using) the website except as expressly authorized herein;
- reverse engineering, decompiling or disassembling any portion of the website, except where such restriction is expressly prohibited by applicable law; and
- using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or otherwise gather content of the website, or reproduce or circumvent the navigational structure or presentation of the website.
Registration; Usernames and Passwords
You may need to register to use all or part of the website. Unauthorized access or use of such portions of the website is prohibited. Your username and password are for your personal use only and should be kept confidential and secure. You must promptly notify the Company of any confidentiality breach or unauthorized use of your username or password, or your account. The Company is authorized to act on instructions received under your password without any requirement to validate or question those instructions. The Company may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
This website may have features allowing you to upload or otherwise transmit messages, text, data, documents, images or photos, audio, video or other material (“Uploaded Content”). By providing Uploaded Content, you grant to the Company a royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display the Uploaded Content worldwide and to incorporate it into other works in any form. You agree that the Company may add the Uploaded Content to applicable policy or claim files, incorporate the Uploaded Content therein, and make any use or disclosure of the Uploaded Content that the Company deems appropriate.
The Company’s receipt of the Uploaded Content, and our acknowledgment of such receipt, does not constitute our acceptance of, or agreement with, the information contained in the Uploaded Content. You agree that notwithstanding the Company’s receipt of the Uploaded Content, the content remains subject to review in accordance with applicable law and policy provisions. Depending on the particular circumstances, the Company also may request additional information pertaining to the Uploaded Content, the policy or any claim.
Proper Identification of Documents
This website may require you to identify certain characteristics associated with the Uploaded Content. For example, the website may require you to identify the claim number to which the Uploaded Content applies, or the type of information contained in the Uploaded Content. You understand and agree that if these characteristics are not properly provided or are incorrectly identified, whether intentionally or unintentionally, the Uploaded Content will not be considered received by the Company notwithstanding confirmation that the Uploaded Content has been successfully uploaded. By way of example, and without limitation, a vendor is not considered to have properly notified us of an assignment agreement if the Uploaded Content does not identify the correct claim number or does not identify the document as an assignment agreement. Similarly, assignee has not properly delivered a pre-suit settlement demand or written notice of intent to initiate litigation if the appropriate claim number and document type are not properly identified. This is the case even if the website has indicated by email or otherwise, or the user otherwise has determined, that the document(s) were successfully uploaded. You acknowledge these requirements pertaining to the proper characterization of documents are necessary and appropriate for the Company’s timely and efficient assignment, review and disposition of documents received by the Company. You acknowledge and agree these requirements and limitations are necessary and appropriate for the Company’s timely and efficient administration of claims and are a condition of using the website. If you do not agree with or abide by these requirements, you shall not use the website to transmit Uploaded Content.
Prohibited Submissions; Not for Service of Process
You shall not use the website to purport to serve or otherwise transmit information related to pending litigation or the initiation of litigation, whether involving the Company or any of its affiliates and whether the litigation is first-party or third-party litigation. The Company and its affiliates do not consent to service of process or otherwise to delivery of information related to litigation or the intent to initiate litigation through its website(s). Without limitation, this means the website cannot be used to serve any notice of intent to initiate litigation pursuant to F.S. 627.70152, complaint, petition, or other form of lawsuit, nor any discovery, motion, subpoena or other legal document. Any such document(s) purported to be served or provided through the website will not be considered served or received even if the website indicates the documents were successfully uploaded.
You acknowledge and agree these requirements and limitations are necessary and appropriate for the Company’s timely and efficient administration of claims and are a condition of using the website.
Disclaimer and Limitation of Liability
ALL OF THE CONTENT AND MATERIAL ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS AND THIRD PARTY PRODUCTS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION: THAT THE WEBSITE WILL BE UPDATED, COMPLETE, CORRECT, OR SECURE; AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
NEITHER THE COMPANY NOR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS OR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE OR RESPONSIBLE TO YOU OR ANYONE ELSE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), DISRUPTION OF WEBSITE SERVICES, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY PRODUCTS OR THIRD PARTY PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY PRODUCTS OR THIRD PARTY PRODUCTS IS TO STOP USING THE WEBSITE.
YOUR USE OF THIRD PARTY PRODUCTS IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY PRODUCTS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY PRODUCTS).
Applicable law may provide you with rights in addition to those above or may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Any provision of this Disclaimer and Limitation of Liability that is inapplicable or declared invalid will be deemed severable from, and its inapplicability or invalidity will not affect the applicability, validity or enforceability of, the remainder of this Disclaimer and Limitation of Liability.
Leaving the Website
When you leave this website, whether via a link contained on this website or through the use of any navigational tool, the content, material and information you view after you leave this website may not be provided by the Company. Except for this website and other Company websites, the Company is not responsible for, nor has it developed or reviewed, the content on any other websites. The Company makes no guarantees, representations or warranties as to, and will have no liability or responsibility for, any content or material provided by any third party on or through this website, including, without limitation, the accuracy, subject matter, quality or timeliness of any such content or material. The Company disclaims any responsibility for the information available on any third party website that may be reached by links from this website.
Changes to Terms and Conditions
The Company reserves the right to revise these Terms and Conditions at any time without prior notice to you. Any changes will become effective when the revised Terms and Conditions are posted on this website or you are otherwise notified of such changes. Your use of the website following these changes means that you accept the revised Terms and Conditions.
Additional Terms and Conditions
These Terms and Conditions do not supersede or abridge other terms and conditions applicable to certain information available on, or processes available through, the website, including without limitation the terms and conditions applicable to access to electronic policy information, electronic payment systems and lender verification functions.
Violations of Terms and Conditions
If you do not agree to all of these Terms and Conditions, you shall not use the website and any purported use of the website is invalid. The Company reserves the right to seek all remedies available at law and in equity for any violations of these Terms and Conditions, including the right to block access from particular Internet addresses to this website without notice.
These Terms and Conditions and your use of this website are governed by and will be construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of laws. The Company website is controlled and operated from the United States and is not intended to subject the Company to the laws or jurisdiction of any state, country, or territory other than those of the United States. The website may not be appropriate or available for use in some non-U.S. jurisdictions. You must comply with all applicable laws, rules and regulations in using the website.