Terms of Use

Terms of Use

Insurance Products; The information contained on this website should not be viewed as an offer to sell or as a solicitation to purchase any of our insurance products. Rather, the information is provided so you can learn about the insurance products and services offered by LAMMICO.

Statements regarding insurance coverages are for general description purposes only. Information on this website should not be construed as a coverage interpretation of an insurance policy in whole or in part. This website does not amend, modify, or supplement any insurance policy. Consult your policy or contact us for the name of someone here at LAMMICO who can supply you with details regarding terms, conditions, coverages, exclusions, products, and services which may be available to you.

By accessing or using any of LAMMICO’s internet properties including, without limitation, www.lammico.com, and any others released by LAMMICO from time to time (collectively referred to as the "LAMMICO websites") you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use"). Please read these Terms of Use carefully as well as LAMMICO's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of the LAMMICO websites.

You may print or save a copy of these Terms of Use for your records.

Parental Controls; User Of Age and Discretion. To the extent required by the Communications Decency Act of 1996, LAMMICO hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. LAMMICO does not currently sponsor or endorse any of these companies or their services, but may do so in the future; provided that, notwithstanding any such sponsorship, endorsement, promotion or other association with any such companies or other companies that provide the same or similar services, LAMMICO is in no case or circumstance whatsoever liable or responsible for the goods, services, or other products of such companies. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the LAMMICO websites are not intended for children under 13. If you are under 13 years of age, then please do not use the LAMMICO websites.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the LAMMICO websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the LAMMICO websites and the LAMMICO Content (as defined below) for your noncommercial personal use and for no other purpose. LAMMICO reserves the right to, one or more times, bar, restrict, limit or suspend your access to the LAMMICO websites, and/or to terminate this license, without notice to you, at any time for any reason or for no reason. LAMMICO reserves any and all licenses and rights not explicitly granted in these Terms of Use. The term Person, as used in these Terms of Use, means any individual, corporation, limited liability company, trust, partnership (whether general, limited liability or otherwise), association or other entity.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive LAMMICO's prior written consent, you may not modify, translate, adapt, change, create derivative works of, copy, distribute, broadcast, publish, transmit, market, display, remove or alter any proprietary or other notices, legends or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic, digital, mechanical or otherwise), the LAMMICO websites, any LAMMICO Content (as defined below), or any portion thereof. Further, you may not (i) use the LAMMICO websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the LAMMICO websites, including, without limitation, LAMMICO Content; (ii) interfere with the proper working of the LAMMICO websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting, compromising, disrupting, disabling or saboteur routine, instruction, software, means or design; or (iii) interfere with or otherwise compromise, sabotage, disable, corrupt, or disrupt any other Person's use and enjoyment of the LAMMICO websites. You shall not circumvent, disable, sabotage, disengage, corrupt, reverse engineer or otherwise interfere with the security-related features of the LAMMICO websites or features that prevent or restrict use, copying, alteration, editing, adapting or distribution of the LAMMICO Content.

3. Your Acceptance; Revisions to Terms of Use. The LAMMICO websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the LAMMICO regarding your use and access to the LAMMICO websites. By using the LAMMICO websites you agree to the Terms of Use.

LAMMICO reserves the right to revise these Terms of Use at any time, one or more times, in its sole discretion by posting revised Terms of Use to the LAMMICO websites. Your use of the LAMMICO websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You are and continue to be responsible for regularly reviewing the Terms of Use posted to the LAMMICO websites. No revision to these Terms of Use, including, without limitation, to the Arbitration provision set forth in Section 22, shall apply to a controversy or claim of which LAMMICO had actual notice on or before the date of any such revision.

4. LAMMICO Policies; Additional Terms and Conditions. LAMMICO's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the LAMMICO websites (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5. Click-Through Agreements. Before using certain areas of the LAMMICO websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “Accept” “I Accept” “Agree” “I Agree” “Okay” “Consent” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.

6. Personal Login Information; Database Breach Notice. Certain features and areas of the LAMMICO websites are available only with registration and login (collectively “Registered Areas”). If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. LAMMICO is not liable for any harm caused by or related to or arising, in any way whatsoever, and from the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact LAMMICO immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns. Actual or attempted unauthorized use of or access to Registered Areas may result in criminal and/or civil prosecution. Success in, or attempts to, access Registered Areas without authorization, as well as any information obtained therefrom, may be given to law enforcement organizations or agencies in connection with any investigation or prosecution of possible criminal or other unlawful activity. In the event that LAMMICO maintains any personal information (whether Personal Login Information or any other information) about you, you agree that, to the extent that LAMMICO is required by law to provide you with notice regarding a breach of security of such personal information, LAMMICO may provide you with notice either: (1) through the email address you provided to LAMMICO upon your creation of your Personal Login Information (or, at the option of LAMMICO, any such email address you subsequently or otherwise provide to LAMMICO); or (2) through the LAMMICO websites. You agree that LAMMICO is not required by these Terms of Use to provide you with notice of any breach of security (whether as to LAMMICO’s databases, the LAMMICO websites or otherwise), and that LAMMICO has no obligation whatsoever to notify you of any breach of security (whether as to LAMMICO’s databases, the LAMMICO websites or otherwise) unless LAMMICO is required to do so by law.

7. Privacy Policy. For information about LAMMICO's data protection practices and LAMMICO's use and protection of your personal information, please read LAMMICO's Privacy Policy which is incorporated into and made a part of these Terms of Use.

8. User Obligations. You represent and warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the LAMMICO websites and not interfere with the use and enjoyment of the LAMMICO websites by other users or with LAMMICO's operation and management of the LAMMICO websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the LAMMICO websites, including, without limitation, information required to be provided through an LAMMICO website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, LAMMICO, in addition to LAMMICO’s other rights and remedies, reserves the right to terminate or suspend your access and use of the LAMMICO websites. You represent and warrant that you will not impersonate any other Person, whether actual or fictitious, when using the LAMMICO websites, or defame, libel, slander, threaten, stalk, harass or otherwise harm any Person, including, without limitation, LAMMICO, through your use of the LAMMICO websites. You represent and warrant that you shall neither send, nor assist other Persons in sending, numerous unsolicited commercial or other email messages to LAMMICO; and, that you shall neither initiate, cause or support nor assist other Persons in initiating, causing or supporting, a denial of service attack or other like disruptive activity on the LAMMICO websites or any servers or other computer resources of, or used by, LAMMICO.

9. Proprietary Rights. The content of the LAMMICO websites includes, without limitation, (i) LAMMICO's trademarks, service marks, logos, designs, slogans, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "LAMMICO Marks"); and (ii) information, data, data feeds, materials, interfaces, computer code, data compilations, databases, products, services, software applications and tools, applets, text, pictures, images, animation, sounds, music, graphics, logos, button icons, tables, drawings, charts, sketches, photographs, audio and video material, interactive works and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the LAMMICO websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "LAMMICO Content"). LAMMICO Content is the property of, and title thereto remains with and is reserved to, LAMMICO, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, resale, publication, broadcast, circulation or other dissemination (including, without limitation, posting on public bulletin boards, chatrooms, blogs, social media walls or other like media) of any LAMMICO Content by you, or by you through any other Person, is prohibited unless express written consent is separately obtained from the LAMMICO or the owner of such content if LAMMICO is not the owner. Any use of the LAMMICO Marks without LAMMICO's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright, trademark, proprietary or other notices, credits, labels or legends appearing in the LAMMICO Content, including, without limitation, any such notices, credits, labels or legends appearing on any LAMMICO Content you are permitted to download, transmit, display, print, reproduce or otherwise use from the LAMMICO websites.

10. Responsibility for Use of the Internet and LAMMICO websites. Use of the Internet and the LAMMICO websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. LAMMICO does not guarantee the confidentiality or security of any communication or other material transmitted to or from the LAMMICO websites over the Internet or other communication network. LAMMICO is not, and shall not be, obligated to correct or update the LAMMICO websites or the LAMMICO Content and LAMMICO is not, and shall not be, liable for omissions, typographical errors, other errors, or out-of-date or otherwise incomplete information which may appear on, or be accessible by or through the use of, the LAMMICO websites. You agree that you are and shall be solely responsible for any and all liabilities arising from your access or use of the LAMMICO websites or the LAMMICO Content as well as from the disclosure of any information obtained therefrom.

11. Professional Advice Disclaimer. The LAMMICO Content is provided for informational purposes only and is not, and is not intended as, legal, risk management, insurance, medical, accounting, tax, or other professional advice or other advice whatsoever, or as a substitute for your consulting with your advisors (whether legal, risk management, insurance, medical, accounting, tax, other professional or otherwise). The LAMMICO Content does not establish medical standards of care. Standards of care vary depending on the unique presentation of each patient. For the avoidance of doubt, the LAMMICO Content is not a substitute for the reasonable discretion of skilled and informed clinicians.

12. Third Party Information. The LAMMICO websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to, articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the LAMMICO websites are those of the respective third party and not of LAMMICO or its affiliates. LAMMICO makes no representation or warranty whatsoever with respect to, and LAMMICO does not guarantee, sponsor or endorse whatsoever, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

13. Advertisers. The LAMMICO websites may contain advertisements of third parties. The inclusion of advertisements on the LAMMICO websites does not imply endorsement of the advertised products or services by LAMMICO. LAMMICO shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the LAMMICO websites. Further, LAMMICO shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the LAMMICO websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

14. Links to Third Party websites. The LAMMICO websites may provide links (including, without limitation, any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over whom LAMMICO exercises no control. The appearance of any such third party links does not serve to, and is not intended to, endorse, sponsor, promote, represent, warrant, guarantee or approve any particular company or product or any other services, causes, campaigns, websites, content, or information. LAMMICO undertakes no obligation or responsibility whatsoever to you to monitor such other sites on the Internet and is not responsible in any way whatsoever for any information contained on such sites, for the privacy policies of such sites, for the practices or activities of such sites or for any information you may provide to such other sites. If you decide to access any of the third party sites linked to the LAMMICO websites, you do so entirely at your own risk.

15. Links to LAMMICO websites and LAMMICO Content. Links posted by third parties to the LAMMICO websites and/or LAMMICO Content may not use the LAMMICO trademark or logo or other LAMMICO Marks and shall not suggest that LAMMICO promotes or otherwise endorses sponsors, represents, warrants, guarantees or approves any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the LAMMICO websites shall be the responsibility of the linking party. LAMMICO reserves the right to require any linking party to disable or remove any link that violates LAMMICO's rights or causes interruption or deterioration of LAMMICO Content or otherwise, in the sole good faith view of LAMMICO, damages or threatens to damage LAMMICO, LAMMICO Content or the LAMMICO Parties (as defined below in Section 16). You may not frame or utilize framing techniques to enclose any LAMMICO Marks and you may not use any meta tags or any other hidden text utilizing the LAMMICO Marks without LAMMICO’s express written authorization. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of the LAMMICO websites or any LAMMICO Content or anything published, distributed, submitted or otherwise transmitted through or to the LAMMICO websites. Subject to your compliance with all of the terms and conditions of these Terms of Use, you are granted a limited, revocable, personal, non-exclusive, non-transferable license to create a hyperlink to the LAMMICO home page provided: (1) the link does not portray any of the LAMMICO Parties (as defined below in Section 16), or their goods, services, licenses or other products in a false, misleading, derogatory or otherwise offensive matter; and, (2) the link does not use any of the LAMMICO Marks without LAMMICO’s express written authorization.

16. Warranties and Other Matters.
Exclusive Remedy. As your sole and exclusive remedy for any defect, error or other problem with any website Products (as defined below in this Section 16) for which you have paid money to LAMMICO and for which LAMMICO is responsible, LAMMICO shall take reasonable commercial steps to repair said website Product or, in LAMMICO’s discretion, provide you with a reasonably equivalent substitute thereof (the “Repair Remedy”); provided, that LAMMICO reserves the right at any time to elect not to provide, or to abort, the Repair Remedy and, in conjunction therewith, to terminate your use of said website Products or any said substitute thereof and refund the amount of money you actually paid LAMMICO for said website Product; and, by such termination and payment, you shall have no, and you shall never assert any, other right, remedy, recourse or claim whatsoever (for damages or otherwise) against LAMMICO Parties (as defined below). However, in addition to LAMMICO’s rights and defenses under other provisions of these Terms of Use, LAMMICO shall not be obligated or otherwise responsible to provide said Repair Remedy if (1) you have modified, configured or otherwise changed said website Product without LAMMICO’s written authorization; (2) said website Product has been misused, abused or damaged in any respect; (3) LAMMICO has not been promptly notified of the existence and nature of such defect, error or other problem upon its discovery; or, (4) you, or those affiliated with you, have used said website Product beyond the scope of the license, or in violation of other restrictions, in these Terms of Use.

Warranties and Other Matters Disclaimed. THE LAMMICO WEBSITES AND LAMMICO CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IF YOU BROWSE, DOWNLOAD, COPY, DISTRIBUTE, DISPLAY, PREPARE DERIVATE WORKS OF, ADAPT OR OTHERWISE USE THE LAMMICO WEBSITE AND LAMMICO CONTENT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. THE TERM “WEBSITE PRODUCTS” MEANS ANY PRODUCTS, GOODS, CONTENT, SERVICES, LICENSES, INFORMATION, MATERIAL OR OTHER RIGHTS, THINGS OR ITEMS PURCHASED, LICENSED OR OTHERWISE OBTAINED OR USED BY YOU THROUGH OR FROM THE LAMMICO WEBSITES. NEITHER LAMMICO, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, MANAGERS, OWNERS, INSUREDS, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF LAMMICO’S AGENTS, REPRESENTATIVES, SUPPLIERS, CONSULTANTS, CONTRACTORS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "LAMMICO PARTIES") GIVE, MAKE OR PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, HEREBY EXPRESSLY DISCLAIMING ANY REPRESENTATION OR WARRANTY WHATSOEVER THAT (i) THE LAMMICO WEBSITES (OR THE USE THEREOF), OR LAMMICO CONTENT (OR THE USE THEREOF), OR ANY RESULTS THAT MAY BE OBTAINED OR USED BY YOU FROM THE LAMMICO WEBSITES OR THE LAMMICO CONTENT, ARE COMPLETE, TRUE, ACCURATE, CORRECT, SUITABLE, APPROPRIATE, RELIABLE OR NON-INFRINGING OR OTHERWISE FREE OF ERRORS, DEFECTS, OMISSIONS, MISTAKES OR OTHER PROBLEMS; (ii) THE LAMMICO WEBSITES (OR THE USE THEREOF), OR LAMMICO CONTENT (OR THE USE THEREOF), OR ANY RESULTS THAT MAY BE OBTAINED OR USED BY YOU FROM THE LAMMICO WEBSITES OR THE LAMMICO CONTENT IS ORIGINAL, FREE OF LIBELOUS OR OTHERWISE DEFAMATORY STATEMENTS OR CONTENT, OR OTHERWISE IN COMPLIANCE WITH LAW; (iii) ACCESS TO THE LAMMICO WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iv) THE QUALITY, ACCURACY, CORRECTNESS, APRROPRIATENESS, TRUTHFULLNESS, SUITABILITY, RELIABILITY, PERFORMANCE, CONDITION, CAPACITY, SECURITY, PRIVACY, TIMELINESS, USEFULNESS, SAFETY, FUNCTION OR FEATURES OF WEBSITE PRODUCTS; (v) WEBSITE PRODUCTS WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, CERTIFICATIONS, NEEDS OR OTHER CRITERIA; OR (vi) LAMMICO CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE LAMMICO WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; LACK OF, OR FREE FROM, LATENT, HIDDEN, REDHIBITORY, PATENT OR OTHER DEFECTS; ARISING BY STATUTE OR OTHERWISE IN LAW; ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF OR IN TRADE; AND/OR NON-INFRINGEMENT, NON-MISAPPROPRIATION OR NON-VIOLATION OF INTELLECTUAL PROPERTY. THE TERM “INTELLECTUAL PROPERTY”, IN ADDITION TO ITS ORDINARY MEANING, MEANS, FOR THE AVOIDANCE OF DOUBT, PATENTS, TRADE SECRETS, TRADEMARKS, SERVICE MARKS, COPYRIGHTS, LITERARY RIGHTS, AUTHOR RIGHTS OR OTHER PROPRIETARY RIGHTS OR RIGHTS RELATED TO UNFAIR COMPETITION OR THE LIKE. NOTHING IN THIS SECTION 16 IS, OR IS INTENDED AS, A GRANT OF ANY LICENSE OR RIGHT WHATSOEVER TO BROWSE, DOWNLOAD, COPY, DISTRIBUTE, DISPLAY, PREPARE DERIVATE WORKS OF, ADAPT OR OTHERWISE USE THE LAMMICO WEBSITE AND LAMMICO CONTENT.

17. Limitations of Liability.

CAP ON DAMAGES. IN ADDITION TO LAMMICO’S OTHER RIGHTS AND DEFENSES IN THESE TERMS OF USE, THE CUMULATIVE LIABILITY OF LAMMICO FOR ALL CLAIMS WHATSOEVER RELATED TO WEBSITE PRODUCTS (AS DEFINED IN SECTION 16) PURCHASED FROM, OR LICENSED TO YOU BY, LAMMICO, INCLUDING ANY CAUSE OF ACTION SOUNDING IN, OR IN THE NATURE OF, CONTRACT, TORT, QUASI-CONTRACT, STATUTORY OR STRICT LIABILITY, SHALL NOT EXCEED THE LIABILITY CAP. THE TERM “LIABILITY CAP” MEANS THE AMOUNT OF MONIES THAT YOU ACTUALLY PAID TO LAMMICO FOR SAID PURCHASED OR LICENSED PRODUCT.

WAIVER OF DAMAGES. THE LAMMICO PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY AND ALL LIABILITY, FOR ANY CLAIM, LOSS, FINE OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, STATUTORY, WILLFUL, RELIANCE, SPECIAL, ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY OF THE FOLLOWING: LOSS OF PROFITS, REVENUE, PATRONAGE OR BUSINESS; DELAY DAMAGES; DAMAGE TO REPUTATION; LOSS OF GOODWILL; LOSS OR CORRUPTION TO DATA), EVEN IF YOU OR OTHER PERSONS HAVE ADVISED LAMMICO OR ANY OTHER OF THE LAMMICO PARTIES OF THE POSSIBLITY OR CERTAINLY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, AND WITHOUT LIMITING IN ANY WAY WHATSOEVER THE FORGOING, THE LAMMICO PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY AND ALL LIABILITY, FOR ANY CLAIM, LOSS, FINE OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, STATUTORY, WILLFUL, RELIANCE, SPECIAL, ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING FROM OR OUT OF ANY ONE OR MORE OF THE FOLLOWING: (i) THE USE OF OR INABILITY TO USE, OR THE INTERRUPTION, CESSASTION OR SUSPENSION IN USE OF, THE LAMMICO WEBSITES AND/OR ANY LAMMICO CONTENT; (ii) ANY INTERRUPTION IN THE AVAILABILITY OF THE LAMMICO WEBSITES AND/OR LAMMICO CONTENT; (iii) ANY LOSS OF, OR CORRUPTION TO, DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) THE PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, CONTENT, PRODUCTS, LICENSES OR OTHER RIGHTS, THINGS OR ITEMS RESULTING FROM ANY PROBLEMS WITH THE WEBSITE PRODUCTS (AS DEFINED IN SECTION 16), OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE LAMMICO WEBSITES; (v) UNAUTHORIZED ACCESS TO, DISCLOSURE OF, ALTERATION, CORRUPTION OF OR DAMAGE TO YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LAMMICO WEBSITES; (vii) ANY DELAY OR FAILURE OF THE LAMMICO WEBSITES ARISING OUT OF CAUSES BEYOND LAMMICO'S CONTROL; (viii) THE USE OF, REFERENCE TO, OR RELIANCE ON, THE LAMMICO CONTENT; (ix) ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, CONTENT AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE LAMMICO WEBSITES (x) ANY BUG, VIRUS, TROJAN HORSE, WORM, TRAP DOOR, BACK DOOR, TIMER, CLOCK, OR OTHER LIMITING, COMPROMISING, DISRUPTING, DISABLING OR SABOTEUR ROUTINE, INSTRUCTION, SOFTWARE, MEANS OR DESIGN OR THE LIKE, WHICH MAY BE TRANSMITTED, PROPAGATED OR OTHERWISE DELIVERED TO OR THROUGH THE LAMMICO WEBSITES; (xi),ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, QUALITY, APPROPRIATENESS, TRUTHFULLNESS, SUITABILITY, RELIABILITY, PERFORMANCE, CONDITION, CAPACITY, SECURITY, PRIVACY, FUNCTION OR FEATURES OF THE PRODUCTS, SERVICES, CONTENT, LICENSES, MATERIALS OR OTHER RIGHTS, THINGS OR ITEMS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xii) ANY OTHER MATTER RELATING TO THE LAMMICO WEBSITES OR LAMMICO CONTENT.

In the event you are dissatisfied with, or dispute, these Terms of Use, the LAMMICO websites and/or the LAMMICO Content, your sole and exclusive right, remedy and recourse is to terminate your use of the LAMMICO websites, even if that right, remedy or recourse is deemed to fail of its essential purpose. You confirm that LAMMICO has no other obligation, liability or responsibility whatsoever to you or any other Person.

18. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 16 AND 17 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND LAMMICO'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF SAID JURISDICTION.

19. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, protect and hold harmless the LAMMICO Parties from and against all claims arising from or in any way related to your use of the LAMMICO websites and/or LAMMICO Content, a violation or other breach by you of these Terms of Use, or any other actions connected with your use of the LAMMICO websites and/or LAMMICO Content, including, without limitation, any liability or expense, losses, fines, damages (actual and consequential), suits, judgments, litigation costs, investigatory fees and attorneys’ fees. LAMMICO will provide prompt written notice of any such claims, but failure to provide such notice, or to provide it promptly, will not release you from any of your obligations pursuant to this Section 19 except to the extent that you are clearly actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the LAMMICO Parties other than under this Section 19. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROVISIONS OF THIS SECTION 19 ARE ENFORCEABLE AGAINST YOU NOTWITHSTANDING THE NEGLIGENCE, FAULT OR ERROR OF LAMMICO.

20. Term and Termination. These Terms of Use will take effect at the time you begin using the LAMMICO websites. LAMMICO reserves the right, with or without notice, at any time, one or more times, and for any reason, or no reason, to deny you access to the LAMMICO websites or to any portion thereof, and to terminate (subject to the survivals set forth in Section 21) these Terms of Use. You may terminate these Terms of Use at any time by ceasing to use the LAMMICO website, subject to Section 21. Upon termination, you must destroy all copies of any portion of the LAMMICO websites, including, without limitation, any LAMMICO Content, in your possession.

21. Survival. Your obligations under, as well as the provisions of, the following Sections herein shall survive any termination, expiration, dissolution, rescission, cancellation, nullification, voiding, unwinding or otherwise end of these Terms of Use: Sections 1, 2, 6, 9, 10, 11, 12, 13, 14, 15 (except the last sentence thereof), 17, 18, 19, 20, 22, 23, 24, 25, 27, 28, 29, 30 and 31;  and, also the following: (a) the last sentence of each of Sections 1, 3 and 7; (b) in Section 16, the paragraph bearing the heading “Warranties and Other Matters Disclaimed”; (c) the unnumbered paragraph near the beginning of these Terms of Use which bears the heading “Parental Controls; User Of Age and Discretion.

22. Arbitration; Venue. Any claim, dispute, or controversy arising out of, directly or indirectly relating to, or in connection with the LAMMICO websites, the LAMMICO Content or these Terms of Use, or the performance, enforcement, breach, termination, validity or interpretation thereof (including, without limitation, settlement and resolution of the scope of these arbitration provisions) (collectively “Claim”) shall be settled by binding, nonappealable arbitration in accordance with the Commercial Rules of the American Arbitration Association and, to the extent not inconsistent therewith, the Federal Arbitration Act (9 USC §§ 1 et seq.); provided, that the arbitrators shall have no less than the powers granted to arbitrators under the Federal Arbitration Act except as such powers are expressly limited by this Section 22. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Metairie, Louisiana. Judgment by the arbitration panel may be entered by the courts identified below. The arbitration panel shall be composed of three arbitrators as follows: (1) an attorney with at least ten (10) years experience of which a substantial portion of such experience shall be in connection with transactional or litigation matters primarily related to representing insurance companies; (2) an individual who is not a lawyer and who has at least ten (10) years experience in creating or hosting websites; and (3) the other arbitrator shall be a business person (whether or not a lawyer) with at least ten (10) years experience in the business of developing or selling online professional education materials. All submissions to the arbitrator, the proceedings and the award shall be private and strictly confidential; provided, that the forgoing does not restrict either you or LAMMICO where served with, or subject to, a valid and lawful subpoena, discovery or investigative order from a third party (collectively, “Third Party Discovery) and, in such case, the party so served, or subject to, said Third Party Discovery shall, to the extent not prohibited by law, give prompt notice to the other party and cooperate with said other party in obtaining any protective order. The arbitration shall be conducted with only such discovery as ordered by the arbitrator or agreed upon by you and LAMMICO (the “Authorized Discovery”). As to compelling discovery from a third party (whether by subpoena or otherwise and whether the testimony of, the production of documents from or the inspection of any premises of, a third party), you or LAMMICO may, if available, take advantage of, and initiate and resort to the use of, any federal or state court jurisdiction or power but solely for and limited to the purpose of obtaining such Authorized Discovery (for example, but not limited to, filing a notice or other pleading in a federal court where a third party witness resides in order to obtain a subpoena or other order to compel discovery from the third party witness - assuming such federal court has the power to do so) and thus not for any other purpose. Except as aforesaid, only the AAA Commercial Rules, and not the federal or state law of any jurisdiction in which the arbitration is pending, shall govern discovery matters. The arbitrator’s award shall be final, binding and nonappealable. The arbitrator’s award shall be a “simple” award (which may contain orders to perform, do or not do anything) and so shall not have any written reasons or findings of fact. The Twenty-Fourth Judicial District Court of the State of Louisiana and/or the United States District Court for the Eastern District of Louisiana shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to the LAMMICO websites, the LAMMICO Content or these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. YOU AND LAMMICO IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE LAMMICO WEBSITES, THE LAMMICO CONTENT OR THESE TERMS OF USE. Except as stated in this Section 22, LAMMICO reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to the LAMMICO websites, the LAMMICO Content or these Terms of Use. Except for remedies expressly provided for in these Terms of Use, the arbitration panel shall not be empowered to award damages in excess of actual damages or other punitive damages. Where the arbitrators shall determine that an arbitration proceeding was commenced by a party frivolously or without a basis, or primarily for the purpose of harassment or delay, the arbitrators may assess such party the cost of such proceedings incurred by one or more of the other parties to the proceedings, including reasonable attorneys’ fees. In all other cases, each party to the arbitration proceeding shall bear its own costs and its pro rata share of the fees and expenses charged by the arbitrators and the American Arbitration Association in connection with any arbitration proceedings. The arbitrators shall have the authority to require specific performance or impose other equitable relief hereunder, as well as imposing money damages and awards of attorneys' fees to the prevailing party. The arbitrators shall not use, and these Terms Of Use expressly negates, amiable compositeur, ex aequo et bono, and “natural justice and equity.” Notwithstanding the foregoing, either you or LAMMICO shall have the right at any time, whether during the pendency of the arbitration or otherwise, to seek any interim injunctive or other equitable relief in either Twenty-Fourth Judicial District Court of the State of Louisiana and/or the United States District Court for the Eastern District of Louisiana (with the option to seek such redress in such other court of competent jurisdiction if neither of said courts has personal jurisdiction over all relevant parties) to protect the patents, copyrights, trademarks, trade dress, image, designs or other proprietary or intellectual property of either you or LAMMICO pending, or during the pendency of, the arbitration proceeding.

Neither you or LAMMICO consents or agrees to any arbitration on a class or representative basis; and, the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any dispute, claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Eastern District of Louisiana or Twenty-Fourth Judicial District Court of the State of Louisiana.

23. Governing Law; Attorneys’ Fees. These Terms of Use and all matters regarding your use of the LAMMICO websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Louisiana applicable to contracts made and executed and wholly performed in the State of Louisiana, without regard to choice of law principles. For the avoidance of doubt, this means that Louisiana law will be applied to the interpretation and enforcement of these Terms of Use even for non-Louisiana residents or users. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings. In the event of any breach of these Terms of Use by you, you will reimburse LAMMICO for all reasonable expenses (including, without limitation, costs, reasonable investigatory fees and attorneys’ fees) incurred by LAMMICO in enforcing any terms or provisions of these Terms of Use related to said breach to the extent LAMMICO prevails, either in the arbitration or otherwise, in the enforcement thereof.

24. Waiver and Severability. The failure of, or delay by, LAMMICO to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. LAMMICO, by mere lapse of time, without giving notice or taking other action hereunder, shall not be deemed to have waived any breach by you of any of the provisions of these Terms of Use. Further, LAMMICO’s waiver of a particular breach of these Terms of Use by you shall not be construed as, or constitute, a continuing waiver of such breach or of other breaches of the same or other provisions of these Terms of Use. If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law or, if such is not possible or permitted, then stricken (bearing in mind that the least amount of striking as required to make such provision valid, legal and enforceable is to be done); and, all other provisions shall remain in full force and effect. To the extent that said court or arbitrator has the power to reform and conform any provision, said court or arbitrator is hereby authorized and directed, having found said provision invalid, illegal or unenforceable, to reform and conform said provision to make it valid, legal and enforceable and as close as possible to the spirit and intent of said provision.

25. No Agency, Partnership or Third Party Beneficiary. You agree that neither these Terms of Use nor your use of the LAMMICO websites or LAMMICO Content: (a) creates any partnership, joint venture or employment relationship between you and LAMMICO; or, (b) creates any third party beneficiary rights. You further acknowledge and agree that you have no agency or mandate whatsoever from LAMMICO. You further agree that these Terms of Use are a two party agreement between you and LAMMICO. You also agree that these Terms of Use are not a collective or association agreement. For the avoidance of doubt, you agree that you are not a third party beneficiary to or under any other agreement (whether or not similar to these Terms of Use) which LAMMICO had or has, now or hereafter, with any third party. You agree that no third party has or enjoys any rights, benefits, claims, defenses or other actions whatsoever under these Terms of Use.

26. Contact Information. If you have any questions or concerns regarding these Terms of Use or the LAMMICO websites, please contact us at contact LAMMICO.

27. Statute of Limitations; Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the LAMMICO websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

28. Use of LAMMICO websites and LAMMICO Content outside of the United States. LAMMICO makes no claims regarding access or use of the LAMMICO websites or the LAMMICO Content outside of the United States. If you use or access the LAMMICO websites or the LAMMICO Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

29. Notices. Unless expressly stated otherwise herein, any notice or demand to be given by you to LAMMICO shall be in writing and shall be deemed given (a) on the next business day after timely delivery to an overnight courier with signature receipt of delivery, or (b) on the third business day after deposit in the U.S. mail (certified or registered mail, return receipt requested, postage prepaid) and, whether under (a) or (b), sent to the following:

General Counsel
Louisiana Medical Mutual Insurance Company
One Galleria Blvd, Suite 700
Metairie, Louisiana 70001

Unless expressly stated otherwise herein, any notice or demand to be given by LAMMICO to you shall be in writing and shall be deemed given when sent to the last current email address that you provided to LAMMICO.

30. Interpretation. These Terms of Use adopt a practice of using parenthetical expressions to clarify or otherwise express its intent; and, all parenthetical expressions used herein are a part of these Terms of Use and are to be enforced the same as any other forms of expression in these Terms of Use. These Terms of Use shall be construed and interpreted liberally in favor of LAMMICO. The headings are for reference or convenience only purposes and are not, and shall not, have any legal or contractual effect or otherwise and are not, and shall not, otherwise be considered a part of these Terms of Use.

31. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the LAMMICO relating to the LAMMICO websites and its use by you, and supersedes any previous written or oral communication regarding use of the LAMMICO websites.

These Terms and Conditions of Use were last revised on May 18, 2011.