The information on this website is provided solely for general informational purposes and is not intended to be a solicitation or an offer to sell in connection with any product or service, nor is the information a complete description of all terms, conditions and exclusions applicable to the products and services described.
For complete descriptions of the terms, conditions and exclusions of insurance coverages or other products or services, please contact Preferred Professional Insurance Company (“PPIC”). Products and services referenced herein may not be available in all states.
PPIC strives to ensure that the information contained on this website is current and accurate; however, PPIC cannot and does not offer any warranty or guaranty of any nature concerning the accuracy or reliability of any information contained herein.
Links to other websites are provided for convenience only and PPIC is not responsible for their content.
This notice provides general disclaimer information. Please refer to Terms of Service for a comprehensive list of terms and conditions of use for the PPIC website.
Copyright © 2015 PPIC® All rights reserved. No part of this site may be reproduced without written permission from PPIC.
This statement tells you how we safeguard the privacy of the information shared through our website.
Information concerning PPIC, its policyholders, employees, clients, agents, or others, on whom data has been collected, stored, or processed is the property of PPIC and is highly confidential. PPIC does not disclose client information to third parties other than brokers, except as necessary to conduct business or as required by law.
It is our intent to take reasonable steps to protect the confidentiality of any information shared between PPIC and site visitors. Information collected by PPIC is stored in secure operating environments that are not available to the public. All PPIC employees are dedicated to maintaining and upholding privacy and security and are aware of PPIC’s privacy and security policies. However, no data transmission over the Internet can be 100% secure. As a result, while we strive to protect personal information, PPIC cannot ensure or warrant the security of any information you transmit to us from our online products or services, and you do so at your own risk. Once PPIC receives your transmission, we make our best efforts to ensure its security on our systems.
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on the PPIC site. It is simply used to enhance the user’s experience. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will need to log in each time he or she accesses a secure page or function.
Terms of Service
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE.
Preferred Professional Insurance Company, Inc. (“PPIC”) provides a website (“PPIC Site“) that provides general information regarding medical liability insurance and risk management (collectively, the “PPIC Service“). The PPIC Service is owned and operated by PPIC and is provided to visitors to the PPIC Site under the terms and conditions of these Terms of Service and any operating rules, policies, and procedures that may be published from time to time on this website by PPIC (collectively, the “Terms“). All holders of PPIC insurance policies (“Policyholders“) are automatically given use of the PPIC Service as of the effective date of the applicable insurance.
VISITORS MAY ACCESS ALL PORTIONS OF THE PPIC SITE FOR INFORMATION PURPOSES AND ARE SUBJECT TO ALL OF THE TERMS. VISITORS ARE REFERRED TO IN THIS AGREEMENT AS “USERS “.
BY USING THE PPIC SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS. IF YOU DO NOT ACCEPT ALL OF THE TERMS, DO NOT ACCESS THE PPIC SERVICE.
2. ELIGIBILITY FOR USE OF THE SITE.
There is no charge for use of the PPIC Site and it is available to the general public.
3. MODIFICATIONS TO TERMS.
PPIC may change the Terms from time to time. Upon any change in the Terms, PPIC will post the amended Terms on this site. The amended Terms shall automatically become effective immediately after they are initially posted on this site. The Terms were last revised on January 15, 2004. User’s continued use of the PPIC Service after the posting of the amended Terms on this site constitutes User’s affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended.
4. MODIFICATIONS TO PPIC SERVICE.
PPIC reserves the right to modify or discontinue all or part of the PPIC Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the PPIC Service. User acknowledges and agrees that PPIC shall not be liable to User or any third party in the event that PPIC exercises its right to modify or discontinue all or part of the PPIC Service.
The PPIC Service may provide links to other Web sites or resources. User acknowledges and agrees that PPIC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees that PPIC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.
6. PROPRIETARY RIGHTS.
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, the arrangement of text and images on this Web site, commercially produced information, and other material contained on the PPIC Service (“Content“), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by PPIC. These Terms do not transfer any right, title, or interest in the PPIC Service or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by PPIC. User agrees not to use or divulge to others any information designated by PPIC as proprietary or confidential.
7. USER CONDUCT.
A. User is Solely Responsible for Conduct. User agrees that it is solely responsible for its actions, and the content of its transmissions through or postings on the PPIC Service.
B. No Illegal or Deceptive Acts. User agrees:
1. to abide by all applicable local, state, national, and international laws and regulations in User’s use of the PPIC Service;
2. not to use the PPIC Service to harm minors in any way;
3. not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PPIC Service;
4. not to impersonate any person or entity or falsely state or otherwise misrepresent User’s affiliation with a person or entity, including whether User represents a Company or is its Designated Employee;
5. to comply with all laws regarding the transmission of technical data (including without limitation encryption) exported from the United States through the PPIC Service;
6. not to use the PPIC Service to collect or harvest personal information, including, without limitation, financial information, about other Users of the PPIC Service;
7. not to upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as party of an employment relationship or under a nondisclosure agreement);
8. not to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other Users ability to engage in real time exchanges;
9. not to “stalk” another User;
10. not to use the PPIC Service for illegal purposes; and
11. to comply with all regulations, policies and procedures of networks connected to the PPIC Service.
C. Libelous or Scandalous Materials. User agrees:
1. not to post, promote or transmit through the PPIC Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature;
2. not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
3. not to interfere with another User’s use and enjoyment of the PPIC Service or another entity’s use and enjoyment of similar services, or engage in surveys, contests, chain letters or post or transmit “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email; and
4. that PPIC neither endorses the content of any User communications, postings or data, if any, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of this website.
D. System Integrity. User agrees:
1. not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or this website;
2. not to interfere or disrupt networks connected to the PPIC Service;
3. not to use any device, software or routine, or otherwise attempt to interfere with the proper functioning of site or any transactions being offered or conducted at this website; and
4. not to take any action that imposes an unreasonable or disproportionately large load on PPIC’s infrastructure
E. Copyright Infringement. In the event that User posts or makes accessible communications or other materials that infringe the copyrights of a third party, PPIC shall terminate User’s access to the PPIC Service in accordance with PPIC’s copyright infringement policypursuant to the Digital Millennium Copyright Act. Users may contact PPIC with complaints regarding allegedly infringing posted material and PPIC will investigate those complaints. If the posted material is believed in good faith by PPIC to violate any applicable law, PPIC will remove or disable access to any such material and PPIC will notify the posting User that the material has been blocked or removed in accordance with its copyright infringement policy.
PPIC may, in its sole discretion, immediately terminate User’s access to the PPIC Service should User’s conduct fail to conform with any provision of this Section. Some of the foregoing prohibited acts are also punishable by law.
8. DISCLAIMER OF WARRANTIES.
USER EXPRESSLY AGREES THAT USE OF THE PPIC SERVICE IS AT USER’S SOLE RISK. THE PPIC SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. PPIC 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, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PPIC MAKES NO WARRANTY THAT THE PPIC SERVICE OR ITS PRODUCTS WILL MEET USER’S REQUIREMENTS, OR THAT THE PPIC SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS-FREE; NOR DOES PPIC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PIC SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE PPIC SERVICE OR THAT DEFECTS IN THE PPIC SERVICE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PPIC SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
9. LIMITATION OF LIABILITY.
As a condition of use of the PPIC Site, and in consideration of the services provided by PPIC, User agrees that neither PPIC, nor any officer, affiliate, director, shareholder, agent or employee of PPIC will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with, any of the following:
A. Reliance. The use of the PPIC Service by the User, including but not limited to damages resulting from or arising from User’s reliance on the PPIC Service, information or any Content on the PPIC Service, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, misdeliveries, transmissions, eavesdropping by third parties, or any failure of performance of the PPIC Service or any Content. Content is for informational purposes only.
B. Infringement, Etc. Any allegation, claim, suit, or other proceeding based upon a contention that the use of the PPIC Service by User or a third party infringes or misappropriates the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
C. Force Majeure. Any delay or failure of PPIC to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond PPIC’s control.
The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of PPIC and its affiliates, subcontractors, officers, directors, managers, Users, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, PPIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PPIC SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PPIC SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF USER’S TRANSMISSIONS OR DATA OR FAILURE OF THE PIC SERVICE TO STORE USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF PPIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
10. NO RESALE OF THE PPIC SERVICE.
User’s right to use the PPIC Service is limited solely to the Individual. User agrees not to reproduce, duplicate, copy, sell, resell, exploit or make any commercial use of or access to the PPIC Service, without the express consent of PPIC.
11. DATA STORAGE.
User acknowledges that PPIC may establish general practices and limits concerning use of the PPIC Service, including without limitation the maximum number of days that email messages, or other uploaded User information will be retained by the PPIC Service, the maximum disk space that will be allotted on PPIC’s servers on User’s behalf, and the maximum number of occasions (and the maximum duration for which) User may access the PPIC Service in a given period of time. User agrees that PPIC has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the PPIC Service. User further acknowledges that PPIC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. SOFTWARE QUALITY.
PPIC does not warrant that any information, software or other material accessible through the PPIC Service is free of viruses, worms or other harmful components.
13. ACCESS AND INTERFERENCE.
User agrees that User will not use any robot, spider, other automatic device, or manual process to monitor or copy the PPIC Web pages or the Content contained herein without PPIC’s prior express written permission. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the PPIC Service. User agrees not to take any action that imposes an unreasonable or disproportionately large load on PPIC’s infrastructure. The Content is proprietary or is licensed to PPIC by its users or third parties. User agrees not to copy, reproduce, alter, modify, create derivative works, or publicly display any Content from this website without the prior express written permission of PPIC or the appropriate third party.
User agrees to indemnify, defend and hold harmless PPIC, its parents, subsidiaries, affiliates, directors, officers, shareholders and employees, from any claim or demand, including reasonable attorneys fees and court costs, made by any third party due to or arising out of User’s use of the PPIC Service, User’s violation of the Terms, or the infringement by User of any intellectual property or other legal right of any person or entity.
All notices to a party shall be in writing and shall be made via Email to PPIC, or such other address as either party may specify. Notice shall be deemed given 48 hours after the email is sent, unless the sending party is notified that the email address is invalid or that the transmission was otherwise unsuccessful. Alternatively, notices may be sent by regular mail, postage prepaid to PPIC’s address. PPIC may also broadcast notices or messages, or other matters of importance on this website; such broadcasts shall constitute notice.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. PPIC’s failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the state and federal courts located in Douglas County, Nebraska. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
User acknowledges that (a) User has read and understood the Terms; and (b) that these Terms have the same force and effect as a signed agreement.
Preferred Professional Insurance Co., Inc.
11605 Miracle Hills Drive, Suite 200
Omaha, NE 68154-4467
Fax: (402) 392-2673