Farmers Alliance Companies Website Terms And Conditions
Please read these Terms and Conditions carefully before using myFAMI site at customer.fami.com and registering for an account. You will be able to use this site only after you accept the terms, conditions, and notices contained within these Terms. These Terms and Conditions apply only to your use of customer.fami.com and do not change any other agreement between you and Farmers Alliance Companies.
As a user of the myFAMI website, you may only access policy information through an account in which you have legal rights. Any unlawful, illegal, fraudulent, or harmful use is unacceptable and may be punishable by law.
Once you register for an account, you must keep your account and password confidential, and you must restrict access to your computer. You are responsible for any activity arising out of the failure to keep your account or password confidential or to restrict access to your computer, and Farmers Alliance Companies will not be liable or responsible for any losses arising out of such failure.
You must notify us immediately if you become aware of unpermitted access to your account.
Farmers Alliance Companies assumes no responsibility for, and shall not be liable for any damage to or viruses that may infect, your computer equipment or other property while you browse the site or download any materials.
You consent to receive electronic communications including agreements, notices, disclosures and other communications that we provide to you electronically, via email or on the site.
Communications may include your name and some information on your account. You should be aware that anyone with access to your email may see Electronic Communications to or from you.
By agreeing to the Terms, you are not changing any of your current communication preferences regarding your Policy Declarations or Billing Statements.
If you elect to receive communication via email, we will make every effort to ensure our email notifications are properly listed to avoid SPAM filters. However, you are responsible for ensuring that your SPAM filter recognizes email originating from us. If you fail to receive electronic communications, please check with the provider of your email account and/or the SPAM filter associated to the email.
Website Content Disclaimer
The information available at the myFAMI website, customer.fami.com, is for convenience only. If there is any inconsistency between the website’s information and your policy, all coverages, conditions, and provisions listed within your Policy Declaration document will prevail.
While Farmers Alliance Companies’ goal is to keep the information at the website up-to-date, we do not make any warranties or guarantees:
that the information is complete or accurate;
that coverage does or does not exist for any particular claim or loss that may arise under any policy. Coverage, policy limit amounts, or any applicable deductibles depend on the facts and circumstances involved in the loss and any applicable policy wording. If you rely solely on displayed information it is at your own risk
Information on the website is not intended to and does not constitute legal advice. Any action you take regarding this information is strictly at your own risk. Farmers Alliance Companies will not be liable for damages in relation to the contents of, use of, or otherwise in connection with this website.
Farmers Alliance requests that you electronically sign the terms and conditions. The electronic signature will be in accordance with Electronic Signatures in Global and National Commerce Act (E-Sign Act) and will have the same force and effect as a wet signature.
By entering your name and checking the box, you are agreeing to the terms and conditions and stating you understand the above information. This does not change or alter any other contract or agreement you have with Farmers Alliance Companies.
Please read this agreement (“Agreement”) carefully before using our website at www.fami.com. By accessing or using our website, you agree to be bound by this Agreement and all of its terms without change. This agreement is between Farmers Alliance Companies, you the user, and, if you are using the website on behalf of a company or organization, such company or organization will also be considered a party to this Agreement. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
Neither Farmers Alliance Companies nor its representatives are engaged in rendering legal services or other such advice. Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website.
We are not providing investment advice through this website, and the material on this website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Farmers Alliance Companies or its affiliates.
Farmers Alliance Companies and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our website. While we strive to keep the information on this website accurate, complete and up-to-date, Farmers Alliance Companies and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the website.
Personal and Noncommercial Use Limitation: Prohibited Uses
We provide property and casualty insurance for homes, autos, businesses, and farms along with claims service (the “Services and Information”) We grant you access to this website during the term of this agreement solely to receive the Services and Information. If you are an agent and you log on to our website, you will receive additional information related to the policies you sell and the customers you serve which in your case also constitutes Services and Information. You may access, download, and print materials as necessary to receive the Services and Information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from this website. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws. This applies to our website at www.fami.com and to our agent and customer portals, where we provide more specific information for our agents and policyholders.
All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to Farmers Alliance Companies. No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of Farmers Alliance Companies.
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this website is terminated, you will (i) stop using the website and any information obtained from the website, and (ii) destroy all copies of your account information, password and any information obtained from this website.
You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care. “Confidential Information” means all information or material which: (i) is obtained from password protected portions of the website or (ii) which is (A) marked “Confidential,” “Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment. Information available in the agent and customer portals is Confidential Information.
No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to Farmers Alliance Companies that you will not use this website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this website automatically ends.
You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website or accessed through this website. You may not republish Farmers Alliance Companies content or other content from this website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.
If you are under the age of 13, you may not use this website.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FARMERS ALLIANCE COMPANIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FARMERS ALLIANCE COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.
Links to Third Party Sites
Links to Our Website
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
Changes to Website
We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website will be deemed your acceptance of the modified Agreement.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Farmers Alliance Companies retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Farmers Alliance Companies retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
This website is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this website will be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by Farmers Alliance Companies to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Farmers Alliance Companies and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Kansas, Counties of Wyandotte or McPherson. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions will not apply to you.
Farmers Alliance Mutual Insurance and other logos, product and service names are trademarks and service marks owned by or licensed to Farmers Alliance Companies or its affiliates (the “Marks”). Without the prior written permission of Farmers Alliance Companies, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
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