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TERMS OF USE

YOU MAY ACCESS AND USE THE MICA WEBSITE (THE "WEBSITE") AND ANY ONLINE SERVICES PROVIDED TO YOU BY MICA IN CONJUNCTION WITH THE MICA WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTINUING MEDICAL EDUCATION AND POLICYHOLDER INFORMATION (THE "SERVICES"), PROVIDED THAT YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT (THE "TERMS OF USE").

MODIFICATIONS

MICA may at any time, and without notice, modify, update, or otherwise change the Terms of Use, and you agree to be bound by such changes. Accordingly, we encourage you to visit the MICA Website from time to time to review the current Terms of Use.

NO LEGAL OR MEDICAL ADVICE

The information contained on the Website, and any products, publications, and mailers otherwise provided to you, are provided as risk management information only. Any such information is supplied to you with the understanding that MICA is not involved in rendering legal or medical advice or in setting or establishing the standard of care. If legal and/or medical advice is sought, the services of a qualified professional should be obtained.

OWNERSHIP

Any and all intellectual property rights associated with the MICA Website are the sole property of MICA, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without MICA's written permission. Except as provided herein, MICA does not grant to you any express or implied rights to MICA's intellectual property.

TRADEMARKS

(MICA Logo) is a trademark of MICA. All other trademarks not owned by MICA that appear on the MICA Website are the property of the respective owners, who may or may not be affiliated, connected to, or sponsored by MICA.

TERMINATION

You agree that MICA, in its sole discretion, may terminate your use of the Services and access to all or a portion of the Website and/or Services if MICA believes that you have violated the Terms of Use. You agree that any termination of your access to the Website or Services may be effected without prior notice, and you acknowledge and agree that MICA may immediately deactivate or delete your account and all related information, content, or other files in your account and/or prevent any further access to such files or the Services. Furthermore, you agree that MICA shall not be liable to you or any third-party as a result of MICA's termination of your access to the Website or Services.

ACCEPTABLE USE

In consideration for your use of the Website and/or Services, you agree to provide true, current, accurate, and complete information about yourself as requested during any registration processes, and to update such information as may be necessary to keep it true, current, accurate, and complete.

You agree that you will use the Services and Website in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any content that you upload, download, transmit or otherwise process using the Services or MICA Website.

NO LIABILITY

MICA assumes no responsibility for content downloaded, uploaded, stored, or otherwise processed by the MICA Website or Services. Accordingly, if you choose to use the Services, you do so at your own risk. For example, you acknowledge that you are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Services.

IN NO EVENT SHALL MICA BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF MICA WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

NO WARRANTY

THE SERVICES COVERED UNDER THIS TERMS OF USE ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. MICA AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.

INDEMNITY

You agree to indemnify and hold MICA and its vendors, Services providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or Services.

MODIFICATIONS TO SERVICES

MICA reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. MICA may also change your priority of access to the Services with respect to other users. MICA may modify or update the Services at any time without notice.

PRIVACY POLICY

MICA respects the privacy of its users. For detailed information regarding MICA's use of registration data and other user information, please read our privacy statement. MICA reserves the right to disclose information regarding its users if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements or protect the rights, property, or personal safety of MICA, its users, or the public.

MISCELLANEOUS

This Terms of Use shall constitute the complete and exclusive agreement between you and MICA. While MICA reserves the right to modify the Terms of Use at any time, the terms and conditions contained in the Terms of Use may not be modified by you unless both you and an authorized representative of MICA execute a separate written agreement. If any provision of the Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of the Terms of Use. The Terms of Use shall be subject to and construed in accordance with the laws of the State of Arizona, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Arizona.

Copyright © 2002, MICA