Texas Mutual® Online Services Agreement
This Texas Mutual® Online Services Agreement (“Agreement”) allows access
to select electronic records of Texas Mutual Insurance Company (“the Company”) by
an authorized User. An authorized User includes a Company policyholder, insurance
agent, or an individual designated in writing by the policyholder or agent (collectively,
the “User”.) Texas Mutual® online services provide the User with access to policy
management information and allows the User to submit certain information to the Company including payments.
This Agreement is binding on the authorized User who has
access to Texas Mutual® online services. The Company provides access to policy management
information and services only to an authorized User to service and administer workers’
compensation insurance policies, and for no other purpose. Unauthorized access is
strictly prohibited. The User agrees as follows:
- CONFIDENTIALITY, RESTRICTED USE OF DATA
- PROPRIETARY AND CONFIDENTIAL DATA: The Company's electronic records
contain information that is proprietary and confidential to the Company, the User,
and others. By executing this Agreement, the User acknowledges that: (a) information
in the Company's electronic records is confidential, (b) disclosure of confidential
information is prohibited, (c) disclosure of confidential information will result
in irreparable harm to the Company, and may result in legal liability to the User,
and (d) the User will maintain the confidentiality of the records, use them for
the limited purpose of policy management services, and comply with the terms set
forth in this Agreement.
- USER RESPONSIBILITY FOR MAINTAINING CONFIDENTIALITY: The User agrees
that the User is solely responsible for maintaining the confidentiality of Texas
Mutual® policy management information and that disclosure is prohibited,
except as provided herein. The User must handle such information with the same degree
of care with which it would treat its own confidential information and must use
reasonable efforts to safeguard the information from unauthorized disclosure.
- LIMITED USE OF RECORDS: The User must use the information only
for policy management and may not use electronic records and information for any
other purpose. No part of Texas Mutual® online services content, form
or document may be reproduced in any form or used in any data retrieval system other
than for the User's limited business use defined herein (but not for sale or distribution).
- LIMITED DISCLOSURE ALLOWED; INDEMNITY FOR DISCLOSURE: Disclosure
is prohibited, except to those individuals employed at the policyholder or insurance
agent who are directly involved in policy management with a business need to know
the information. However, before disclosing information to such recipient, the User
must inform him or her that: (a) the information is confidential, and (b) disclosure
and use of the information is restricted as set forth in this Agreement and under
the law. If Texas Mutual® policy management information is disclosed,
then the User is solely responsible for any damages arising out of the disclosure
and will fully indemnify the Company and hold it harmless for such damages.
This provision will survive the termination of this Agreement.
- EXCEPTIONS TO CONFIDENTIALITY: There is no requirement to maintain
the confidentiality of information that was known to the User before accessing the
Company's electronic records; that was publicly available at the time it was accessed
by or transmitted to the User; that was properly provided to the User by a third
party without restriction; that the User developed independently; or that is required
to be disclosed by law. However, if the User is legally required to disclose confidential
information, it will promptly notify the Company and permit the Company to seek
an appropriate protective order at the Company's expense.
- USER ID
- USER ID: The User is solely responsible for protecting
the privacy of its User ID, as well as maintaining the confidentiality of any information
obtained using Texas Mutual® online services. The User will not disclose
its User ID to anyone else. The User agrees to hold the Company harmless should
disclosure of confidential information occur. The Company has no liability whatsoever
for the protection of the privacy of your User ID and will not be liable for damages
with regard to the privacy of your User ID.
- NO RIGHT TO TRANSFER USER ID: The User's right to access
and use Texas Mutual® online services provided herein is not transferable
and is subject to any limits established by the Company.
- DUTY TO NOTIFY IF NO LONGER REQUIRE ACCESS: The User must
notify the Company immediately in writing if the User is no longer entitled to access
to Texas Mutual® online services and request that the Company deactivate
the User ID. Periodically, the policyholder or insurance agent must review and verify
listings of all persons who are authorized to have access and notify the Company
immediately in writing of any changes.
- SELF-ADMINISTRATION: For an agency that self-administers its Texas Mutual
online accounts, the agency is solely responsible for maintaining the confidentiality of, and controlling
its use of, all of their agency's User IDs and passwords. The Company disclaims any liabilty
for claims, damages or losses caused by 1)uncontrolled access to Texas Mutual online services
with a User ID issued by the agency or 2)the negligence or intentional misconduct of the agency's
- WAIVER OF LIABILITY AND RELATED ISSUES
- NO WARRANTIES: Texas Mutual® online services
and their contents are provided "as-is" and "as available," and the Company disclaims
all warranties, expressed or implied, (including the disclaimer of any implied
warranty of fitness for a particular purpose). Texas Mutual® online
services may contain bugs, errors or problems or other limitations. The Company
assumes no liability or responsibility for any errors omissions in the content
contained in Texas Mutual® online services. The Company specifically
disclaims any liability with respect to Texas Mutual® online services
and their contents.
- NO LIABILITY FOR VIRUSES: The Company disclaims all responsibility
or liability for damages caused by viruses contained in Texas Mutual®
online services electronic files or at the site.
- WAIVER OF LIABILITY: The Company is not liable to the User for
any claims, damages, costs, expenses or loss of any kind that may be made or incurred
by the User as a result of or arising out of the User's use of Texas Mutual® online services or
the disclosure of information obtained
through access to the Company's electronic records. The User expressly
waives all such claims it may have against the Company.
- GENERAL INDEMNITY: The User must defend, indemnify, and
hold the Company, its agents and employees, harmless as to all claims, damages,
costs, expenses or loss of any kind, including defense costs that may be alleged
against or incurred by the Company as a result of or arising out of this Agreement
and the use by either party of information obtained under this Agreement
to the extent due to the acts or omissions of the User.
This paragraph applies to all such damages,
costs, expenses or loss as described except to the extent for liability is determined to be the direct
consequence of negligence or willful misconduct of the Company. This provision
will survive the termination of this Agreement.
- DISCRETIONARY SERVICE: Texas Mutual® online
services are currently a free service provided by the Company to existing policyholders
and insurance agents in its sole discretion. The Company is under no obligation
to provide access to Texas Mutual® online services and may terminate
or limit access to Texas Mutual® online services at any time for any
- BUSINESS RELATIONSHIP: As a policyholder or agent (or
individual acting on their behalf), the User of Texas Mutual® online
services has an established business relationship with the Company. The Company
may send the User e-mail correspondence during the term of this Agreement and for
a period of time after this Agreement ends to facilitate our business relationship.
- CONTENTS SUBJECT TO CHANGE: The contents of Texas
Mutual® online services are subject to change without notice.
- RIGHT TO REVOKE/MONITOR ACTIVITIES: The Company retains
the right to revoke access to Texas Mutual® online services at any
time for any reason. The Company may monitor Users' access to Texas Mutual®
online services. The User expressly consents to any monitoring by accessing Texas
Mutual® online services.
- JURISDICTION: Texas Mutual® online services
are controlled by the Company from its offices within Austin, Texas, United States
of America. By accessing Texas Mutual® online services the User agrees
that the statutes and laws of the State of Texas (and no other state or country),
will apply to all matters related to use of Texas Mutual® online services.
The User also agrees and hereby submits to the exclusive personal jurisdiction and
venue of the District Court for Travis County, Texas, and the United States District
Court of the Western District of Texas for all such matters.
- COMPLIANCE WITH LAWS: The User will comply with all applicable
state, federal, and local laws in the performance of this Agreement and its use
of Texas Mutual® policy management information.
- SEVERABILITY: If a court of competent jurisdiction holds
that a provision of this Agreement is invalid, illegal, or unenforceable, such holding
will not affect or impair the validity, legality, or enforceability of the remaining
provisions of the Agreement.
- WAIVER: The failure of either party to insist, in one
or more instances, upon the performance of any of the terms or to exercise a right
is not a waiver of the term or right. Rather, the obligation of the parties with
respect to future performance will continue in full force and effect.
- EFFECTIVE DATE AND TERMINATION: This Agreement is effective
on the date the User agrees to the terms by marking "I accept" below. This Agreement
will remain in full force and effect until the User or the Company terminates it
by written notice. Notice is effective upon receipt. Appropriate delivery includes
hand delivery, e-mail, facsimile, first class or certified mail.
- BINDING AUTHORITY: By agreeing to these terms, the signatory
warrants that he or she is a Company policyholder or an insurance agent (or an employee
of a Company policyholder or insurance agent), has the authority to bind the agency
or policyholder to the terms of this Agreement, and will abide by the terms herein.