TERMS OF USE

Last Revised: November 17, 2003
BY CLICKING “I AGREE” BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE (“TERMS OF USE”) AND THAT YOUR USE OF THIS WEB SITE (“SITE”) WILL BE SUBJECT TO SUCH TERMS OF USE. The Site is offered and made available by McGriff, Seibels & Williams (“McGriff”). These Terms of Use may be modified from time to time and each time you use the Site constitutes confirmation by you of your agreement to and understanding of these Terms of Use. You may not use the Site if at any time you do not agree with these Terms of Use.

1. The e-DOC Services. Subject to these Terms of Use, you may use the Site to access, review, download, copy and print the Electronic Description of Insurance Coverage (“e-DOCs”) to which you have been provided access.
2. Your Representations and Warranties. You represent and warrant that (i) you have all requisite rights and authority to agree to these Terms of Use; (ii) you will access and use the Site according to these Terms of Use and in accordance with applicable law; (iii) you will not link directly to the Site or any e-DOCs presented thereon; and (iv) you will use the Site and any e-DOCs to which you have access solely for internal purposes and will not resell, transfer, redistribute, re-post, or frame as content on a web site any e-DOCs.
3. Reservation of Intellectual Property Rights.McGriff and its licensors retain all intellectual property and proprietary rights in and to all aspects of the Site, including without limitation any related patent rights, copyrights, trade secrets, trade names, service marks, associated goodwill, moral rights, and any other similar rights or intangible assets recognized under any laws or international conventions. Except as explicitly provided herein, you obtain no ownership or other interest in the Site or its contents.
4. Disclaimer. THE SITE IS PROVIDED STRICTLY ON AN "AS-IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MCGRIFF DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
5. Limitation of Liability. IN NO EVENT SHALL MCGRIFF OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR TO ACCESS ANY e-DOC THEREON, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
6. Indemnification. You agree to indemnify, defend and hold harmless McGriff, and its officers, directors, employees, shareholders, members and agents (“Indemnified Parties”), against all claims, suits, proceeding or actions arising out of, connected with or resulting in any way from your use of the Site (“Indemnified Claims”). The foregoing indemnity obligation shall include, but is not limited to, all damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by any of the Indemnified Parties in connection with any Indemnified Claim.
7. Contact Information. You may contact McGriff by First Class Mail at: McGriff, Seibels & Williams, 2211 7th Avenue South, P.O. Box 10265 Birmingham, AL 35202 or by Telephone at 1-800-476-2211.
8. Termination of Your Access. McGriff may suspend or terminate your access to the Site immediately in the event you fail to abide by these Terms of Use or if it believes, in its sole discretion, your continued access presents a threat to the security of other users or the Site.
9. Jurisdiction and Venue. The laws of the State of Alabama, without regard to provisions pertaining to conflicts of laws, shall exclusively govern interpretation and enforcement of these Terms of Use, and as such, you consent to personal jurisdiction in the state or federal courts of Jefferson County, Alabama for any action arising out of or relating to your use of the Site.
10. Miscellaneous. These Terms of Use constitute the entire agreement as it concerns your use of the Site and shall supercede any and all prior agreements regarding the subject matter hereof. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is held to be invalid, void or for any reason unenforceable, such provision will be deemed replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. You may not assign your rights or obligations under these Terms of Use, in whole or in part, without the prior written consent of McGriff, regardless of whether the assignment is by operation of law or otherwise.