Terms of Use

The Physician Guard Terms of Use

Please read these terms of use carefully before using this Web Site.

These terms of use (“Legal Terms”) describe the terms and conditions applicable to your access and use of this web site (this “Web Site”), which is operated by and on behalf of the companies comprising The Physician Guard ® (“The Physician Guard”).

By using this Web Site, you are accepting and agreeing to these Legal Terms. If you do not agree to all of these Legal Terms, do not use this Web Site. The Physician Guard may modify this Web Site and the rules and regulations governing its access and use at any time. Any modification will be included in these Legal Terms, so please check back when you use the Web Site. By continuing use of this Web Site after such changes are posted, you will be deemed to have accepted such changes.

Scope of Use

The Physician Guard invites you to view, use and download materials at this Web Site for your informational, non-commercial use, provided that you leave all the copyright notices or other proprietary notices intact. You may not store, modify, reproduce, transmit, distribute, repost, publicly display or otherwise use any content on this Web Site, or the design or layout of this Web Site or individual sections of it, in any form or media except with the express prior written permission of The Physician Guard. The commercial use, reproduction, reposting, public display, transmission or distribution of any information, software, logo or other material available through this Web Site without the prior written consent of The Physician Guard is strictly prohibited.

You understand that The Physician Guard may, at any time, for any reason and without notice, discontinue, change or restrict your use of this Web Site and make changes in the products and/or services described in this Web Site.

Eligibility for Insurance Products and Services

Not all of the products or services described on this Web Site are available in all geographic areas of the United States. You may not be eligible for all of the insurance products or services described in this Web Site. The Physician Guard reserves the right to determine all eligibility for such products or services in its sole discretion.

No Professional Advice

The information available on this Web Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting or other professional advice, and is not tailored to your specific circumstance. You should evaluate all information, opinions and advice available on this Web Site in consultation with your insurance agent.

No Warranties

This Web Site, and any products or services available through this Web Site (collectively, “Materials”) are provided to you on an “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT.

THE PHYSICIAN GUARD DOES NOT ENDORSE NOR MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE MATERIALS. The Physician Guard makes no representations or warranties that use of the Materials will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Materials you may obtain are free of viruses or any other harmful components. This warranty disclaimer may be different in connection with specific products and services offered by The Physician Guard. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for the governing terms. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you if you are a resident of any such state. You may also have other legal rights that vary from state to state.

Limitation of Liability

Your use of the Materials is at your own risk. THE PHYSICIAN GUARD SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE MATERIALS (EVEN IF THE PHYSICIAN GUARD OR A THE PHYSICIAN GUARD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS WEB SITE OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS WEB SITE OR THE MATERIALS. This limitation of liability may be different in connection with specific products and services offered by The Physician Guard. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Trademarks

“The Physician Guard®,” is the principal service mark used by The Physician Guard. The Physician Guard also claims service mark, or trademark rights, in a number of related marks as noted in this Web Site by the use of the symbols “®,” “SM,” or “TM.” Nothing contained on this Web Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on this Web Site without the prior written permission of The Physician Guard. Unauthorized use of any The Physician Guard trademarks, service marks or logos is strictly prohibited and may be a violation of federal and state trademark laws.

Copyright

This Web Site is protected by U.S. and foreign copyright laws. Except as expressly provided under “Scope of Use” section above, you may not use, reproduce, modify, transmit, distribute, publicly display or perform this Web Site without The Physician Guard’s prior written permission.

Visitor Submissions

By providing information or materials to this Web Site (other than personal information subject to The Physician Guard Privacy Policy), you grant to The Physician Guard an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. You are prohibited from submitting or transmitting any e-mails or materials through this Web Site that (A) are racist, supportive of terrorist activities, defamatory, libelous, unlawfully threatening or unlawfully harassing; (B) contain nudity, violence, or offensive subject matter or contains a link to an adult website; (C) solicit personal information from anyone under eighteen (18) years of age; (D) harass or advocate harassment of another person; (E) infringe any third party’s copyright, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (F) include a photograph of another person that you have posted without that person’s consent; (G) promote information, material, or content that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law; (H) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; or (I) violate any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising). The Physician Guard shall not be subject to any obligations of confidentiality regarding any information or materials that you submit except as specified in The Physician Guard Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Prohibited Actions

You cannot: (a) decompile, reverse engineer, disassemble, or modify this Web or create derivative works based upon this Web Site or any part thereof; (b) disable any licensing or control features of this Web Site; (c) introduce into this Web Site any virus or other code or routine intended to disrupt or damage this Web Site, or alter, damage or delete any Materials, or retrieve or record information about this Web Site or its users; (d) merge this Web Site or Materials with another program or create derivative works based on this Web Site or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on this Web Site or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to this Web Site to others; (g) use, or allow the use of, this Web Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using this Web Site. Except as expressly provided herein, The Physician Guard reserves all rights with respect to this Web Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

Links

The Physician Guard offers links to other web sites operated by other entities as a convenience to you. The Physician Guard makes no representation regarding the content or accuracy of any web site that you may access through this one. The Physician Guard does not monitor and is not responsible for the content found on other web sites that are linked from this Web Site. Inclusion of these links on this Web Site does not imply endorsement, recommendation or sponsorship for any linked web site or the services, products or advice described on the site. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s) and not The Physician Guard. The Physician Guard reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by The Physician Guard, and may have different terms of use and privacy policies, which The Physician Guard encourages you to review.

If you wish to link to this Web Site, unless otherwise set forth in a written agreement between you and a The Physician Guard ® company, you must adhere to The Physician Guard’s linking policy as follows: (i) any link to this Web Site must be a text only link, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Physician Guard’s names and trademarks, (iii) the link must “point” to the URL and not to other pages within this Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with The Physician Guard, (v) when selected by a user, the link must display this Web Site on full-screen and not within a “frame” on the linking web site, and (vi) The Physician Guard reserves the right to revoke its consent to the link at any time and in its sole discretion.

E-mail

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any personal or confidential information.

Violations and Additional Policies

The Physician Guard reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Web Site, including the right to block access from a particular Internet address to this Web Site. Our policies regarding privacy are incorporated into these Legal Terms by reference. The Physician Guard does not intend to market any products or services to children and does not knowingly collect personal information from children through this Web Site.

Governing Law, Location and Miscellaneous

These Legal Terms shall be governed in all respects by the laws of the State of New York USA, without reference to its choice of law rules. The Web Site is operated on behalf of The Physician Guard companies from their offices in New York, New York. The Physician Guard makes no representation that the content of this Web Site is appropriate or available for use in other locations, and access to this Web Site from territories where the content of this Web Site may be illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Legal Terms and all documents incorporated herein by reference constitute the entire agreement between The Physician Guard and you with respect to this Web Site.

Use of This Web Site by Children

At this Web Site, The Physician Guard makes no active effort to collect personal information from children and does not wish to receive such information. The Physician Guard requires that Web Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).

Disclosures

The insurance products and services are offered by The Physician Guard ® insuring entities.

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