Welcome to the Internet Sites of The Midland Company and its affiliates and subsidiaries, including but not limited to, American Modern Insurance Group, Inc., Midwest Enterprises d/b/a Ameritrac Business Solutions and Atlas Insurance Agency, Inc. (collectively referred to herein as "Web Site"). Throughout these terms and conditions, the terms "we," "us," and "our" refer, as appropriate in the context, to The Midland Company or one or more of its subsidiaries.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Access to the Web Site is conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions and notices. If you do not agree to these terms and conditions, you should immediately cease use of the Web Site.
Changes to these Terms. We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Web Site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of the Web Site following the posting of changes to these terms or other policies means you accept the changes.
Use of Material from this Site. The Web Site (including all its contents) is our property or that of our licensors and is protected by copyright, trademark, and other laws of the United States and other countries. We authorize you to browse through the Web Site and print and download copies of material on the Web Site for your personal, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display or transmit any material on the Web Site in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the Web Site in any manner or medium, including by uploading the material or otherwise making the material available online. You agree to comply with all of the then current federal, state, and local laws, ordinances, regulations, rules, decisions, orders or requirements adopted from time to time applicable to the use of this website, and any updates thereto.
Third-Party Links. The Web Site may contain links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and are not responsible for the content of any site linked to or from the Web Site. Links from the Web Site to any other site do not mean that we approve of, endorse or recommend that site. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
Copyright & Trademarks. The entire content included in the Web Site, including, but not limited to, text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is our property. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to us, or other respective owners that have granted to us the right and license to use such Marks. You may not use, copy or distribute any of our proprietary or copyrighted materials (“Materials”) for any reason without our prior written consent. These materials include, but are not limited to our rates, underwriting manuals, product comparisons and any advertising materials. You may not distribute any such Materials for any purpose without our prior written permission. To request consent to distribute Materials, please visit modernLINK®. A failure to reply to any email or other overtures requesting permission to use any such materials is NOT an implied or explicit permission to use such materials.
Disclaimer. We make no warranties or representations about the accuracy or completeness of the Web Site’s content or the content of any Internet site linked to the Web Site.
THE MATERIALS IN OUR WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INGRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Indemnification. You agree to indemnify, defend and hold us and all of our affiliates, agents, directors, employees, information providers, licensors and licensees and officers (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the representations, warranties and covenants contained herein. You will use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of us.
Limitation of Liability. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLIABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE WEB SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS A RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF OUR REPRESENTATIVES OR WE HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Your Liability. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE WEB SITE OR THE SYSTEMS TRANSMITTING THE WEB SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM THAT DISRUPTION.
Jurisdictional Provisions. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state courts located in Clermont County, Ohio or the federal court located in Hamilton County, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We recognize that it is possible for you to obtain access to the Web Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Web Site has been designed to comply with the laws of Ohio and of the United States. If any material on the Web Site, or your use of the Web Site, is contrary to the laws of the place where you are when you access it, the Web Site is not intended for you, and we ask you not to use the Web Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
General Provisions. Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. We may assign our rights and duties under this Agreement to any party at any time without notice to you. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. Any cause of action or claim you may have with respect to our Web Site must be commenced within one (1) year after the claim or cause of action arises.
Termination. These terms and conditions are applicable to you upon your accessing the Web Site. These terms and conditions, or any of them, may be modified or terminated by us without notice at any time for any reason. The provisions relating to Copyright and Trademarks, Disclaimer, Limitation of Liability, Indemnification, Jurisdiction and General shall survive any termination.