Terms of Use Published on MagMutual (

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1 Terms of Use This magmutual.com website (the "Site" or "Website") is provided by MAG Mutual Insurance Company (hereinafter, MagMutual ). Use of this Site is governed by the terms and conditions set forth below. By using this Site or downloading materials from this Site, you agree to abide by the terms and conditions set forth herein. If you do not agree with these terms and conditions, you may not use or access this Website. MagMutual will strive to ensure that information contained on our Website is both current and accurate. However, due to factors beyond our control, we cannot and will not offer any warranty or guarantee of any nature concerning the accuracy or reliability of any information contained on our Website. The information provided on this Website is published for informational purposes only. It is not intended to constitute medical, legal or any other type of professional advice. If you have a question requiring professional advice of any type (i.e., medical or legal advice), you should contact a licensed and qualified professional in the relevant field. Nothing in any of our online forums constitutes rules for the practice of medicine and does not establish any standards of care. Web Links and Social Media As a convenience to you, MagMutual may provide on this Site, links to websites that are operated by other entities. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The linked sites are not under the control of MagMutual and we are not responsible for the content of any linked site or any link contained in a linked site. MagMutual reserves the right to terminate any link or linking program at any time. MagMutual does not endorse companies or products to which it links, unless specifically stated in the link text. MagMutual s social media pages are meant to share healthcare information, medical news, and company announcements with our followers. Sharing content from another company s website does not necessarily indicate an endorsement of that company or its views. The content shared on all MagMutual s social media pages is intended for non-commercial purposes. Appropriate credit will be given to the initial source, and, at the content-creator s request, MagMutual will remove shared content. When sharing content posted to MagMutual s Sites users agree to hereby release MagMutual from any and all liability in connection with the use of any and all pictures, images, videos, or content posted by MagMutual on any MagMutual page. MagMutual is in no way providing any medical, healthcare or legal advice in any of our online forums. MagMutual shall not be held responsible for inappropriate content, images or third party links submitted by other users. Cookies, Etc. Each time you visit our Website, an industry-standard program on our Site host will record your IP address, domain name, and browser type. We use this information internally to show Site activity and to determine potential trends in Site usage. Certain portions of our Website may also use "cookies" as part of our interaction with your web browser. A "cookie" is a piece of information that a website transfers to your computer hard drive for record-keeping purposes. We may use cookies to determine if you have previously visited our Website and for other administrative purposes. Otherwise, we only collect data that you submit voluntarily. To read more on how we handle the collection and use of nonpublic personal information, please read our Privacy Policy. Jurisdiction and Enforceability Use of this Website is governed by the laws of the state of Georgia, without giving effect to any choice or conflicts of law provisions or rules. The exclusive venue for the resolution of any related dispute is a court of competent jurisdiction in Fulton County, Georgia, United States of America. Risk Management The risk management advice presented in this Site is intended to provide general information of interest to physicians Page 1 of 5

2 and other healthcare professionals. The recommendations and advice published on this Site do not reflect or establish a standard of care and do not establish rules for the practice of medicine. The publication of this information is not intended as an offer to insure such conditions or exposures, or to indicate that MAG Mutual Insurance Company will underwrite such risks. Our liability is limited to the specific written terms and conditions of actual insurance policies issued. Product Availability The information and descriptions of products and services contained in this Site are intended as general information and do not contain all of the terms, conditions and exclusions applicable to the products and services offered by or through MagMutual Insurance Company or other companies within MagMutual. For insurance products and services, the precise coverage afforded is subject to the terms and conditions of the insurance policies as issued and may vary from the general descriptions in this Site. Availability of the products and services described may vary by state. Disclaimer of Warranties The materials contained in this Site and in linked sites directly or indirectly accessible from this Site are provided WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. MAG MUTUAL DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY MATERIALS DISPLAYED IN THIS SITE. THE USER AGREES THAT ANY RELIANCE ON SUCH MATERIALS SHALL BE AT HIS OR HER SOLE RISK. IN NO EVENT SHALL MAG MUTUAL INSURANCE COMPANY, OR ANY OF ITS SUBSIDIARIES OR AFFILIATED COMPANIES, IN ANY EVENT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER (INDLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, LOSS OF PROFITS, BUSINESS OPPORTUNITY OR INTERUPTION, LOSS OF INFORMATION OR ANY OTHER DAMAGES) RELATED TO THE USE OF THIS SITE OR ITS CONTENTS WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF RELIEF, EVEN IF MAG MUTUAL INSURANCE COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. If any part or provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. Limited License Subject to your continued compliance with the terms and conditions set forth in this Usage Policy, MagMutual grants you a non-exclusive, non-transferable, limited right to access and use the information contained in this magmutual.com Website. MagMutual authorizes you to view and download the materials at this Site only for your personal, noncommercial use. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions: 1. You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials. 2. You may not modify the materials contained in this Site in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose without express written permission from MAG Mutual Insurance Company. 3. You must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under the terms and conditions of this Website Usage Policy. 4. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. Copyright and Trademark/Service Mark Page 2 of 5

3 This Site, including all content, information, materials, programs, text, code, graphics, logos and the overall look and feel of the Site, are the property of MAG Mutual Insurance Company or its subsidiary companies. The Site is protected by federal copyright laws, whether or not a copyright notice is displayed. You agree to comply with all copyright laws in your use of this Site and to prevent any unauthorized copying of the materials. "MagMutual" and the MagMutual logo are registered service marks of MAG Mutual Insurance Company. For reprint and duplication permission, please contact support [1]. [2] Companies within MagMutual to which this Website Usage Policy applies, include: MAG Mutual Insurance Company MAG Mutual Insurance Agency, LLC. MAG Mutual Financial Services, LLC Select Professional Underwriters, LLC Professional Security Insurance Company OURCell Captive, PCC, Inc. MAG Mutual Patient Safety Institute, LLC MAG Mutual Foundation, Inc. South Carolina Physician Assurance Company ONLINE PAYMENT TERMS AND CONDITIONS By authorizing a payment to MMIC through the online payment service (the Service ), it is deemed acceptance to these Online Payment Terms and Conditions. These Online Payment Terms and Conditions are in addition to, and part of, the Terms of Use set forth above. MMIC reserves all rights to amend these Online Payment Terms and Conditions at any time without giving prior notice. It is your responsibility to have read the Online Payment Terms and Conditions before using the Service 1. Payments 1. All payments through the Service must be made by ACH electronic transfer or, if applicable, credit card and must be made in U.S. Dollars. All payments received through the Service will be processed in U.S. Dollars. 2. MMIC reserves the absolute right to accept or refuse any payment made through the Service. 3. The banking or credit card information you provide at the time of using the Service is processed by a third-party service provider and is not supplied to MMIC. It is your sole responsibility to ensure that the information supplied in the relevant fields is correct. It is recommended that you inquire with your banking or credit card institution about any charges or fees that may be payable against the account or credit card. It is also recommended that you retain a copy of your transaction for record keeping purposes, which may assist in resolving any disputes that may arise out of your use of the Service. 4. You agree, understand and confirm that your personal data, including without limitation details relating to your banking or credit card information, transmitted over the internet may be susceptible to misuse, hacking, viruses, theft, and/or fraud and that MMIC and its third-party service provider have no control over such matters. 5. The Service is provided by a third-party service provider through a secure website. However, neither the thirdparty service provider nor MMIC gives any assurance that the information provided by you online is secured or cannot be read or intercepted by another party. MMIC does not accept or assume any liability in the event of such unauthorized disclosure, interception, use, hacking of, or other unauthorized access to, your information. 6. MMIC and its third-party service provider shall not be liable for any inaccuracy, error, or delay in, or omission of (i) any data, information or message, or (ii) the transmission or delivery of such data, information, or message, or (iii) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, nonperformance, or interruption in any such data, information, or message. Under no circumstances shall MMIC or its third-party service provider, their employees, directors, and agents involved in processing, delivering, or managing the Service be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or inadequacy or deficiency in the provision of the Service, or resulting from unauthorized access or alteration of transmissions of data arising from suspension or termination of the Service. 7. You agree that MMIC and any of its employees will not be held liable by you for any loss or damages arising from your use of, or reliance upon the information contained on the Website relating to the Service or otherwise, or any failure to comply with these Online Payment Terms and Conditions. Page 3 of 5

4 2. Bank Account Details 1. You agree that the bank account or credit card details provided for use of the Service must be correct and accurate, and that you shall not use a bank account or credit card that is not lawfully owned by you or the use of which is not authorized by the lawful owner thereof. You further agree and undertake to provide correct and valid banking account or credit card details. 2. You warrant, agree, and confirm that when you initiate a payment transaction and/or issue an online payment instruction and provide your bank account or credit card details: 3. You are fully and lawfully entitled to use such bank account or credit card for such transactions; 4. You are responsible to ensure that the bank account or credit card details provided by you are accurate; 5. You authorize the debit of your identified bank account or credit card for the payment(s) selected by you along with any applicable fees; 6. You are responsible to ensure that sufficient funds or credit is available on your identified bank account or credit card at the time of making the payment to permit the payment to MMIC including any applicable fees. 3. No Warranty No warranty, representation, or guarantee, express or implied, is given by MMIC in respect of the operation of the Service. 1. Disclaimer and Limitation of Liability - MMIC does not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by you from the use of the Service. From time to time, MMIC may restrict access to some or all of the Service. MMIC will not be liable if for any reason the Service is unavailable at any time or for any period. 2. Refund/Cancellation Policy - Except as provided in your policy of insurance issued by MMIC or as required by law, payments will not be refunded under any circumstances. 3. Privacy Policy - These Online Payment Terms and Conditions expressly incorporate the MMIC Privacy Policy located at [3]. It is recommended you review the MMIC Privacy Policy. 4. Security - All payment information that is entered through the Service is encrypted. MMIC shall not be liable for any failure by you or any third party making payment through the Service to properly protect information from being seen on your or their computer screen by other persons or otherwise obtained by such other persons during the use of the Service, or in respect to any omission to provide accurate information in the course of using the Service. 4. Variations to the Service and Online Payment Terms and Conditions MMIC reserves the right to vary these Online Payment Terms and Conditions from time to time and without notice. The current version will be that version published on this website. MMIC, in its sole discretion, may make additions, deletions, and/or alterations to the Service, or withdraw the Service at any time. The information provided in this resource does not constitute legal, medical or any other professional advice, nor does it establish a standard of care. This resource has been created as an aid to you in your practice. The ultimate decision on how to use the information provided rests solely with you, the PolicyOwner. Page 4 of 5

5 Source URL: Links [1] [2] [3] Page 5 of 5